The following review and approval shall be required for all uses and construction to determine that the proposed uses and structures comply with the requirements and provisions of this ordinance and to require compliance therewith.

A.

Site Plan. Site plans shall be required and enforced in accordance with Part 5, 5-100, Section 5-107 (Site Plan), or successor and as amended.

B.

Building permits. All construction, erection, expansion, and alteration of primary or accessory structures shall require application for a building permit, review of building plans, and issuance of a building permit in accordance with the Mesquite Building Code.

C.

Certificates of occupancy. Certificates of Occupancy (CO) shall be required and enforced in accordance with Section 5-106 (Certificate of Occupancy), or successor and as amended.

(Ord. No. 2667, 4-2-90; Ord. No. 4438, § 1, 9-6-16; Ord. No. 5061, § 2(Exh. A), 9-5-23; Ord. No. 5083, § 2(Exh. A), 11-20-23)

Additional review and approval procedures are required for those uses which are listed as conditional uses or special exceptions, for appeals of an administrative determination, for requests for variance, and for uses and development on tracts classified as planned development.

A.

Appeals. Appeals of an administrative decision and/or requests for interpretation of the ordinance shall require review by the board of adjustment in accordance with the procedures set out in 5-200.

B.

Special exceptions. Uses listed as special exceptions shall require review and approval by the board of adjustment in accordance with the procedures set out in 5-200.

C.

Variances. Requests for variance from the strict application of the requirements of this ordinance shall require review and approval by the board of adjustment in accordance with the procedures set out in 5-200.

D.

Conditional use permits. Uses listed as conditional uses shall require amendment of the ordinance, including hearing and recommendation by the commission, hearing by the council, and adoption of an amending ordinance in accordance with the procedures for ordinance amendment set out in 5-300.

E.

Planned development uses. Commission and council review and approval is required for any development/site plan on property classified as PD in accordance with the requirements set out in 4-200.

(Ord. No. 2667, 4-2-90)

A.

The Zoning Ordinance creates an offense when:

1.

an act is prohibited, declared to be unlawful, made an offense, or made a misdemeanor;

2.

the doing of an act is required, or the failure to do an act is declared to be unlawful, made an offense, or made a misdemeanor; or

3.

the violation of a provision of the Zoning Ordinance is declared to be unlawful, or made an offense, or made a misdemeanor.

B.

If the Zoning Ordinance does not state a penalty for an offense:

1.

if the offense is a violation of an ordinance that governs the dumping of refuse, the offense is punishable by a fine not to exceed $4,000; or

2.

if the offense is a violation of an ordinance that governs fire safety, zoning, or public health and sanitation, the offense is punishable by a fine not to exceed $2,000; or

3.

if the offense is any other violation of an ordinance, the offense is punishable by a fine not to exceed $500.

C.

Each violation, and each day any violation of this Zoning Ordinance or other ordinance shall continue, shall constitute a separate offense, unless otherwise provided.

D.

The City dispenses with any culpable mental state requirement except when required by other applicable law.

E.

Prosecution for violation of a provision of this Zoning Ordinance or other ordinance is not a prerequisite or bar to any other remedy or relief for the violation under State law or this Zoning Ordinance.

F.

The imposition of a criminal penalty does not prevent any other relief authorized by law, including but not limited to, injunctive relief, civil or quasi-judicial enforcement and penalties, or the like.

G.

The imposition of a criminal or civil penalty does not prevent administrative remedies or sanctions, including but not limited to, suspension or revocation of a franchise, license, permit, Certificate of Occupancy ("CO"), or the like.

H.

Failure to comply with the provisions of this Zoning Ordinance or other ordinance shall constitute a basis to deny or disconnect City utilities and to require private utility companies to do likewise.

I.

In case of a violation of any of the terms or provisions of this Zoning Ordinance or other ordinance by any corporation, association, limited liability company, or other business entity (collectively referred to as "business entity" or "entities") the officers and agents actively in charge of the business of any such business entity shall be responsible for such violation and subject to prosecution subject to the limitations set forth in Subchapter B of Chapter 7 of the Texas Penal Code, as the same may be amended from time to time.

J.

In the event that any such violation is designated as a nuisance under the provisions of this Zoning Ordinance or other ordinance, such nuisance may be prevented and summarily abated and/or removed by a peace officer or other authorized enforcement official or enforcement agent as provided by law or may be abated and/or removed by injunctive or other equitable relief.

K.

The City, a City officer, or City employee does not commit an offense under this Zoning Ordinance or other ordinance if said City or said persons (1) fail to perform a ministerial or administrative duty, or take an action required under the Zoning Ordinance; or (2) an official duty required under the Zoning Ordinance unless it is specifically provided that failure to perform the official duty or action is to be punished as may be provided in this section, or as may be otherwise specifically provided.

(Ord. No. 2667, 4-2-90; Ord. No. 4930, § 3(Exh. B), 1-3-22)

Charter references—
Enforcement of ordinances, Art. III, § 28.
Creation and jurisdiction of Municipal Court; fines; Art. IV, § 27.

Cross references—
Other violations and offenses; Mesquite Zoning Ordinance, Part 5, 5-100, Section 5-104.
Enforcement authority; Mesquite Zoning Ordinance, Part 5, 5-100, Section 5-105.

State Law references—
Amount of fine or penalty imposed by City, V.T.C.A. Local Government Code, § 54.001.
Civil action for enforcement of certain ordinances, V.T.C.A. Local Government Code, § 54.012.
Ordinances subject to quasi-judicial enforcement, V.T.C.A. Local Government Code, § 54.032.
Alternative Adjudication Process, Local Government Code, Title 2, Subtitle D, Chapter 54, Subchapter C, § 54.043.
Nuisance, V.T.C.A. Local Government Code, Title 7, Subtitle A, Chapter 217, Subchapter C, § 217.042.
Jurisdiction of municipal court, V.T.C.A. Government Code, § 29.003.
Jurisdiction, V.T.C.A. Government Code, Title 2, Subtitle A, Chapter 30, Subchapter A, § 30.00005.
Jurisdiction of municipal court, V.T.C.A. Code of Criminal Procedure, Title 1, Chapter 4, Article 4.14.
Corporations, Associations, Limited Liability Companies, and other Business Entities, V.T.C.A. Penal Code, Chapter 7, Subchapter B.
Culpable mental state requirement for violation of municipal ordinance with fine exceeding that authorized by Texas Penal Code §12.23, V.T.C.A. Penal Code, § 6.02(f).
Class C Misdemeanor, V.T.C.A. Penal Code, § 12.23.

A.

A person, business entity, owner, or person in control who builds or alters any building, land, or use in violation of any plan submitted and approved hereunder, commits an offense and upon conviction thereof shall be subject to penalties as provided in this Zoning Ordinance, Section 5-103.

B.

A person, business entity, owner, or person in control of any building, structure, land, or property where a violation exists, and any architect, builder, contractor, agent, or other person who commits or assists in the commission of the violation, shall each have committed an offense and upon conviction thereof shall each be subject to penalties as provided in this Zoning Ordinance, Section 5-103.

(Ord. No. 4930, § 3(Exh. B), 1-3-22)

Cross references—
General penalties; Mesquite Zoning Ordinance, Part 5, 5-100, Section 5-103.
Enforcement authority; Mesquite Zoning Ordinance, Part 5, 5-100, Section 5-105.

The provisions of this Zoning Ordinance may be enforced by the Building Official, Health Official, Director of Planning and Development Services, Manager of Planning and Zoning, or any other designee or representative of the City as designated by the City Manager and/or a Department Director.

(Ord. No. 4930, § 3(Exh. B), 1-3-22)

Cross references—
General penalties; Mesquite Zoning Ordinance, Part 5, 5-100, Section 5-103.
Other violations and offenses; Mesquite Zoning Ordinance, Part 5, 5-100, Section 5-104.

A.

In general. A Certificate of Occupancy (CO) is an official certificate issued by the City through the Building Official or his/her designee that indicates conformance with building requirements and zoning regulations, and authorizes the legal use of the premises for which it is issued.

B.

When required and exception(s).

1.

In general. Occupancy and a use, or change of occupancy and use, and the connection of utilities shall not take place until a valid Certificate of Occupancy has been issued by the Building Official.

2.

Required. Certificates of Occupancy shall be required for, including but not limited to, any of the following:

a.

Occupancy and use of a new building or structure erected; or

b.

Occupancy and use of an altered existing building or structure; or

c.

Change in use of land, or any building, or other structure; or

d.

Change in ownership of land, or any building, or other structure; or

e.

Change in business name; or

f.

Change in the occupancy of land, or any building, or other structure; or

g.

Change in use, ownership, occupancy, tenancy, or business within a larger building or structure; or

h.

Change in any nonconforming use to a "substitute use" or a "conforming use" in accordance with Part 1, 1-300, 1-302 (Nonconforming uses), or 1-304 (Termination of Nonconforming Situations), or 1-305 (Amortization); or

i.

Change in any nonconforming buildings, structures, and premises, but where the use is conforming, in accordance with Part 1, 1-300, 1-303 (Nonconforming structures and premises).

3.

Exceptions. Certificates of occupancy shall not be required for any of the following:

a.

Single family residential use; or

b.

Duplex use.

C.

Procedure for issuance of CO, or a Temporary-CO.

1.

Application.

a.

A written application for a Certificate of Occupancy shall be submitted to the Building Official on forms provided by the City for that purpose.

2.

Supplemental information. Additional information may be required in the following situations:

a.

Nonconforming situations. Prior to the issuance of a Certificate of Occupancy in a nonconforming situation, when there is uncertainty of the legal nonconforming status, a notarized affidavit may be required to verify that the use was legally in existence at the time of the ordinance adoption, amendment, or annexation which created the nonconformity. The affidavit should be accompanied by documentation showing relevant dates and should include a description of the use, the scope of operations, and structures and other improvements used at that time.

b.

When required by this Zoning Ordinance or City Code. Prior to the issuance or reissuance of a Certificate of Occupancy, the applicant shall provide such supplemental information and/or licenses as required by this Zoning Ordinance, Mesquite City Code, or other laws, and regulations.

3.

Issuance.

a.

A Certificate of Occupancy (CO) shall be issued only:

(1)

after an inspection by the Building Official or his/her designee, and any other inspections as may be required such as an inspection by the Fire Code Official, or Health Official, etc.; and

(2)

after the determination is made that no violation of this Zoning Ordinance, the Mesquite City Code, or any other regulation or ordinance of the City exists; and

(3)

upon payment of all applicable fees. See Appendix D - Comprehensive Fee Schedule; Art. XII, Sec. 12-110 (Certificate of Occupancy fees) for applicable fees.

b.

A Temporary Certificate of Occupancy (Temporary-CO) may be issued by the Building Official. An initial Temporary-CO, or any subsequent Temporary-CO, shall be issued only:

(1)

if the Building Official finds that no substantial hazard will result from occupancy of any building or structure, or portion thereof, prior to completion of the entire new (or alteration of an existing) building or structure; and

(2)

for a period not to exceed the time period as specified on the CO; and

(3)

upon payment of all applicable fees. See Appendix D - Comprehensive Fee Schedule; Art. XII, Sec. 12-110 (Certificate of Occupancy fees) for applicable fees.

D.

Contents. The contents of the Certificate of Occupancy (or Temporary-CO) shall be drafted in accordance with the International Building Code.

E.

Display of CO. The Certificate of Occupancy (or Temporary-CO) shall be displayed in a conspicuous place on the premises and shall not be removed except by the Building Official or his/her designee.

F.

Replacement CO. A reissuance of a Certificate of Occupancy may be issued for one lost, destroyed, or mutilated CO upon application on the form provided by the Building Official. A replacement CO may have the word "REPLACEMENT" stamped across its face and may bear the same number as the one it replaces. See Appendix D - Comprehensive Fee Schedule; Art. XII, Sec. 12-110 (Certificate of Occupancy fees) for applicable fees.

G.

Transferability. A Certificate of Occupancy is not assignable or transferable.

H.

Denial or revocation of CO. The Building Official may in writing, and in accordance with Sub-section (I) (Process and procedures for denial or revocation of a CO), deny or revoke the issuance of a Certificate of Occupancy on the basis of:

1.

an incomplete application submitted; or

2.

incorrect information supplied; or

3.

the CO was issued in error; or

4.

the CO was issued on the basis of incorrect information supplied; or

5.

there is a failure to conduct the authorized uses, and only the authorized uses, within the limits established by the CO; or

6.

there is a failure to initially comply with or to continue to comply with the site plan approval; or

7.

it is determined that the building or structure, of portion thereof, is in violation of any provision of this Zoning Ordinance, Mesquite City Code, or any other ordinance or regulation adopted by the City, or successor, and as amended.

I.

Process and procedures for denial or revocation of a CO. To deny or revoke a Certificate of Occupancy the Building Official shall issue a written notice of the administrative decision ("notice") which shall set forth the grounds upon which the administrative decision is issued and inform the applicant or holder:

1.

The Building Official "denies" the issuance of the CO, or "revokes" the existing CO.

2.

The decision to deny or revoke the CO will become final on the twenty-first (21 ^st ) day after the date of the notice unless the applicant or holder appeals the administrative decision in accordance with Mesquite Zoning Ordinance, Part 5, 5-200, Section 5-210 (Appeals of Administrative Decisions to Board of Adjustment).

3.

This Section, Mesquite Zoning Ordinance, Part 5, 5-100, Section 5-106 (Certificate of Occupancy), and Mesquite Zoning Ordinance, Part 5, 5-200, Section 5-210 (Appeals of Administrative Decisions to Board of Adjustment) shall be referenced in the notice.

4.

The date of the notice is considered Day Zero (0).

J.

Appeals of administrative decisions. Appeals of administrative decisions may be made in accordance with Mesquite Zoning Ordinance, Part 5, 5-200, Section 5-210 (Appeals of Administrative Decisions to Board of Adjustment).

(Ord. No. 5061, § 2(Exh. A), 9-5-23)

Cross reference—General penalties; Part 5, 5-100, Sec. 5-103.
Sec. 6-102 - "Certificate of occupancy" defined; Part 6; 6-100.
Certificate of Occupancy fees; Appendix D - Comprehensive Fee Schedule, Article XII, Sec. 12-110.
Certificate of Occupancy Fire Code Official Inspection Fees; Appendix D - Comprehensive Fee Schedule, Article VI, Sec. 6-105.
Other reference—2018 International Building Code; Section 111 Certificate of Occupancy.
State Law reference—Authority of Board, V.T.C.A. Local Government Code, § 211.009.
Appeal to Board, V.T.C.A. Local Government Code, § 211.010.
Tenant's remedies regarding revocation of Certificate of Occupancy, V.T.C.A. Property Code, Ch. 92, Section 92.023.

A.

Purpose. The purpose of the site plan review process is to ensure compliance with the development and design standards and provisions of this Ordinance. It is designed to encourage quality development reflective of the goals, policies, and objectives of the Mesquite Comprehensive Plan and adopted planning and policy documents.

B.

Applicability. An approved site plan is required prior to the filing and approval of any construction plan and permit for and development of the following:

1.

Non-residential developments.

2.

Single-family/duplex developments that involve the creation of a new subdivision, townhome developments, multifamily developments, or manufactured home park.

3.

Parking lot development, and reconstruction or reconfiguration of a parking lot by more than ten (10) percent.

4.

Accessory and temporary structures may be exempted from the site plan requirements by the Director.

C.

Application contents and fees.

1.

Application contents generally. The applicant shall complete an application for the approval of a Site Plan. The application must include the information listed on the Site Plan Checklist, as it exists or may be amended, which shall be established and maintained by the Director and published on the City's website.

2.

Submittal waivers pursuant to pre-application meetings. At or following a pre-application meeting, the Director may waive certain submittal requirements, except for fees, in order to tailor the requirements to the information necessary to review a particular application. The Director may waive such requirements where the Director finds that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development or subdivision clearly justify the waiver.

3.

Authorization and payment required.

a.

The City Council shall adopt, and amend from time-to-time, a fee schedule setting forth an assessment of fees to defray the cost of processing site plan applications. The fee schedule for plat applications, as amended, is provided in Appendix D of the Mesquite City Code; Article XII, Section 12-121 (Planning and zoning fees).

b.

If review of the application requires use of outside consultants, the City may require, in addition to the fees above, that the applicant pay all or a portion of the reasonable fees charged by private consultants retained by the City for the purposes of reviewing the application and advising City officials and agencies with respect thereto. The Director will notify the applicant prior to retaining a consultant.

c.

At the time of submittal, all applications shall include payment of the processing fee, as well as any review fees charged by agencies for which the City has agreed to collect.

4.

No required fees for City-initiated applications. No fee shall be required for applications initiated by the City.

Cross references—Application fee; Appendix D - Comprehensive Fee Schedule, Article XII, Section 12-121 (Planning and zoning fees).

D.

Application submission.

1.

Complete application required before submission and filing. All application submissions must be complete prior to official filing and any processing by the City of Mesquite. A complete application includes all documents and other information identified on the Site Plan Checklist and is accompanied by the applicable fee. The City's acceptance of an application submission for completeness review does not bind the City to accept an incomplete application for filing or processing.

2.

Authority to submit applications. Only the person having legal authority to take action according to the approval sought may submit a site plan application. The person is presumed to be the record owner or the duly authorized agent of the record owner. Agents may only submit applications where the owner provides written consent.

3.

Contact person designation.

a.

The applicant shall designate one person on the application as the primary contact person who will be responsible for all notifications, including meeting dates, deadlines, and requirements. The City will communicate with the contact person about the application and review procedures. It is the contact person's responsibility to inform the owners or applicant of such information.

b.

The applicant shall notify the Director in writing if there is to be a change in the contact person. The Director will continue to communicate with the designated contact person until the notice of change has been received.

4.

Submit applications to the Planning Division. All applications required by this section shall be submitted to the Planning Division, unless otherwise specified.

5.

Official submission. All applications for site plans shall be considered officially submitted when entered on the City's Online Application Portal before 3 p.m. on a business day during normal office hours. Applications entered on or after 3 p.m. on a business day, weekends, holidays, or other non-business days shall not be considered officially submitted until the next business day following the date the information was initially entered. The date of official submission is considered Day Zero (0).

E.

Completeness review of the submitted application.

1.

In general. All application submissions must be deemed complete prior to officially being filed. A complete application includes all of the submittal information identified on the Site Plan Checklist published on the City of Mesquite internet website and any items or exhibits requested by the Director that are consistent with the standards and requirements of this ordinance, Mesquite Subdivision Ordinance as provided in Appendix B of the Mesquite City Code, and the Mesquite Engineering Design Manual. A complete application is also accompanied by the applicable fee.

2.

Deadline for completeness determination. Staff shall determine whether an application is complete no later than ten (10) calendar days after the official submission of the application. The date of official submission is considered Day Zero (0).

3.

Notice of complete or incomplete application. Staff shall make their determination of a complete or incomplete application in writing. An e-mail to the applicant or comment in the City's online project tracking system shall be considered a determination in writing. Notice occurs upon dispatch or publication, not upon the applicant's receipt.

a.

Complete application. If it is determined that a submission is complete, the Director shall provide notice of acceptance and the date of official filing for scheduling and review purposes.

b.

Incomplete application. A determination that a submission is incomplete shall identify the documents, studies, or other information needed to make the application complete. The determination shall also specify the date on which the application will expire, as calculated below, if the applicant does not supply the identified information to make the application complete.

4.

Expiration of application. An incomplete application that has not been revised to meet the completeness requirements shall be considered expired on the 45th day after the original submission of the application. The City may retain the application fee paid. Following an expired application, any additional or further requests by the applicant must be accompanied by a new application and fee. No vested rights accrue from the submission of an application that has expired pursuant to this section.

5.

Application deemed complete. An application shall be "deemed complete" on the 11th calendar day after the official submission if the applicant has not been notified of an incomplete application on or before that date. If the Director fails to identify an application as deemed complete where these regulations require that determination, the applicant may appeal to the Commission with a request to deem the application complete for the purposes of filing, review, and scheduling.

F.

Officially filed application. A site plan application is considered officially filed on the date the staff makes a determination that the application is complete, or on the date the application is "deemed complete" due to inaction by the staff.

G.

Withdrawal of application by applicant. An applicant shall have the right to withdraw an application, without prejudice, at any time prior to action on the application.

1.

The applicant shall submit a written withdrawal request to the Director, and after withdrawal, the City will not take further action on the application.

2.

The application shall be considered terminated and no rights shall vest based on the application.

3.

To re-initiate review, the applicant may resubmit the application which shall in all respects be treated as a new application for purposes of review, scheduling, and payment of application fees.

H.

Review process.

1.

Development Review Committee. The Development Review Committee shall review and make recommendations on all site plans to the Director.

2.

Review by other departments and divisions.

a.

In addition to internal review, staff may distribute the officially filed application to other City departments and divisions and to any other appropriate governmental or quasi-governmental agencies and bodies to solicit comments and ensure that the proposal complies with all applicable standards, requirements, and review criteria. The applicant shall be responsible for submitting any additional information or revised plans required by staff or the referral agencies in a timely manner if required for compliance review. As applicable, the review and decision-making authority shall consider the services and facilities provided by the referral agencies as a factor in approval of the application.

b.

Referral agencies shall comment in writing after receiving an officially filed application. The failure of any agency to respond shall be considered "no comment" on the application by that agency. As applicable, referring agencies will provide the Director with a summary of any capacity evaluation study that assesses the availability of City-provided facilities or services to the proposed development. The summary will include an explanation of the agency's assumptions regarding available capacity.

3.

Subsequent requests for information. Staff and referral agencies shall use best efforts to identify all major issues and to request additional information, data, or reports from the applicant, during the review period described above. This provision shall not be interpreted to preclude staff or referral agencies from requesting revisions or corrections to previously submitted materials if such materials are subsequently found to be inaccurate, incomplete, or if subsequent plan revisions do not comply with applicable requirements.

I.

Review Criteria. Recommendations and decisions on site plan approval shall be based on consideration of the following criteria:

1.

Evidence of substantial compliance with the purpose and intent provisions of this Code;

2.

Consistency with applicable plan documents;

3.

Consistency with any previously approved subdivision plat, planned development, or any other precedent plan or land use approval as applicable;

4.

Compliance with all applicable development and design standards set forth in the Mesquite Zoning Ordinance, Mesquite Subdivision Ordinance, Mesquite Engineering Design Manual, and City adopted Building and Fire Codes with amendments;

5.

That the development can be adequately served by City services, including but not limited to roads, water, storm sewer and sanitary sewer.

J.

Action by the Director.

1.

Action on the application. The Director shall take any of the following actions regarding a site plan application:

a.

Approve; or

b.

Approve with conditions; or

c.

Disapprove.

2.

Approval with conditions (conditional approval). If an application is approved with conditions (also referred to as a conditional approval), the Director shall include in his/her decision a reference to the specific conditions of approval.

3.

Disapproval.

a.

If an application is disapproved, the Director shall include in his/her decision a reference to the specific reasons for disapproval.

b.

The applicant shall be provided with a written statement of the reasons for disapproval that clearly articulates each specific reason for disapproval. Each reason specified in the written statement may not be arbitrary and must:

1.

Be directly related to the requirements under this Article; and

2.

Include a citation to the law, including a statute or municipal ordinance, that is the basis for the conditional approval or disapproval, if applicable.

c.

Upon disapproval, no later than the end of the next business day after the date of the decision, staff shall provide the reasons for disapproval to the applicant in a written statement by email or on the City's Online Application Portal.

K.

Response Review Application - Response by applicant to Approval with Conditions or Disapproval - Response Review Application.

1.

The applicant may apply to the City with a response to the approval with conditions or disapproval by filing a Response Review Application on the City's Online Application Portal that satisfies each condition of approval or remedies each reason for disapproval.

2.

The application shall include the response letter, the revised site plan, the response review fee, and any additional submittal requirements applicable.

3.

The applicant's disapproval of any condition to approval constitutes the City's continuing disapproval of the site plan application.

4.

The applicant's disapproval to a reason for disapproval constitutes the City's continuing disapproval of the site plan application.

L.

Action on Response Review Application.

1.

Review. The Response Review Application shall be scheduled for the Director's consideration.

2.

Deadline. The Director shall approve or disapprove a response to approval with conditions or disapproval not later than the 15th day after the date the Response Review Application (including fee) was officially filed.

3.

Procedures. If a Response Review Application is approved, approved with conditions, or disapproved, the Director or Commission shall follow the same procedure for action on an initial application.

4.

Final action. A site plan previously approved with conditions or disapproved shall be approved if the response adequately addresses each condition of the conditional approval or each reason for the disapproval.

M.

Waivers. The City may not request or require an applicant to waive a deadline or other approval procedure.

State Law reference—Waivers; V.T.C.A. Local Government Code, Chapter 247, Section 247.005, as amended.

N.

Expiration of dormant projects. Approval of a site plan constitutes a permit for purposes of City Code Section 1-17. A dormant site plan, or any phase thereof, shall automatically expire two (2) years from the date of approval unless progress has been made toward completion of the project. The Director may grant an extension for a limited duration upon the written request of the applicant filed at any time prior to expiration or within 60 days after expiration when the Director determines that no ordinances or changes affecting the site plan or property have occurred since approval of the site plan. Such extension may be made conditional.

O.

Third-Party Review.

1.

If a regulatory authority does not approve, conditionally approve, or disapprove a development document by the 15th day after the date prescribed by a provision of this Article for the approval, conditional approval, or disapproval of the document, any required review of the document may be performed by a person (third-party) in accordance with V.T.C.A. Local Government Code, Chapter 247 (Third-Party Review of Development Documents and Inspection of Improvements).

2.

If a regulatory authority does not conduct a required development inspection by the 15th day after the date prescribed by a provision of this Article for conducting the inspection, the inspection may be conducted by a person (third-party) in accordance with V.T.C.A. Local Government Code, Chapter 247 (Third-Party Review of Development Documents and Inspection of Improvements).

State law reference—Third-Party Review of Development Documents and Inspection of Improvements; V.T.C.A. Local Government Code, Chapter 247.

P.

Appeals to City Council.

1.

In accordance with Texas Local Government Code, Chapter 247, Section 247.006 (Appeal) as amended, a person may appeal to the City Council:

a.

A decision to conditionally approve or disapprove a development document made by the regulatory authority for the City, or a person authorized by Texas Local Government Code, Section 247.002(a) as amended, to perform the review of the document; or

b.

A decision regarding a development inspection conducted by the regulatory authority, or a person authorized by Texas Local Government Code, Section 247.002(b) to perform the inspection.

2.

A person must file an appeal under this section not later than the 15th day after the date the decision being appealed is made. The date of decision is considered Day Zero (0).

3.

If the City Council hearing the appeal does not affirm the decision being appealed by a majority vote on or before the 60th day after the date the appeal is filed:

a.

The development document (e.g. site plan) that is the subject of the appeal is considered deemed approved; or

b.

The development inspection that is the subject of the appeal is deemed waived.

(Ord. No. 5083, § 2(Exh. A), 11-20-23)

State law references—Appeal; V.T.C.A. Local Government Code, Chapter 247, Section 247.006.
Definitions; V.T.C.A. Loal Government Code, Chapter 212, Section 212.001.

Cross references—Definitions; Part 6, 6-100, Section 6-102.
Appeal fee; Appendix D - Comprehensive Fee Schedule, Article XII, Section 12-121 (Planning and zoning fees).

A.

Board of Adjustment.

1.

Board. The composition and appointment of the Board of Adjustment shall be in compliance with this Zoning Ordinance.

Cross reference— Section 5-402, General Regulations of Boards and Commissions.

Cross reference— Section 5-408, Board of Adjustment.

2.

Authority. The Board of Adjustment is authorized to hear and decide, including but not limited to, applications for special exceptions, variances, and appeals of administrative determinations or decisions.

Cross reference— Section 5-408, Board of Adjustment, (G) Duties and Powers.

Cross reference— Section 5-206 , Special Exception.

Cross reference— Section 5-207, Variance.

Cross reference— Section 5-210, Appeals of Administrative Decisions to Board of Adjustment.

B.

Definitions.

1.

The rules of Section 6-101, regarding interpretation, construction and interchangeability of terms, shall be observed, except when the context requires otherwise.

2.

Definitions. The following words, terms and phrases, when used in Section(s) 5-200 have the meanings ascribed to them in this sub-section, except where the context clearly indicates a different meaning.

Board. Board means the Board of Adjustment of the City of Mesquite, Texas.

Board's office. Board's office means the Planning & Development Services Department.

Department. Department means Planning & Development Services.

Director. Director means Director of Planning & Development Services, or his or her authorized designee(s).

(Ord. No. 4789, § 2(Exh. A), 6-15-20)

This section applies to applications for special exceptions, special exceptions for reasonable accommodations, and variances.

A.

Pre-Application Conference.

1.

Pre-application conference optional. Prior to the submission of any application for a special exception or variance, applicants are encouraged to schedule and attend an optional pre-application conference with the Department City Staff.

2.

Purpose of pre-application conference. Pre-application conferences with Department City Staff may be used to discuss, in general, procedures, standards, or regulations relating to the special exception or variance request.

3.

Pre-application conference request. If a pre-preapplication conference is requested, the Department City Staff may require the applicant to submit information in the form of a Pre-Application Conference Request Form prior to the pre-application conference to allow Department City Staff time to review the proposal.

4.

A pre-application conference request form is not an application. Any Pre-Application Conference Request Form materials submitted or discussed as a part of a pre-application conference shall not be considered a special exception or variance application but will be considered an informal request for information prior to the actual application submittal by an applicant.

5.

Scheduling the pre-application conference. After receipt of a Pre-Application Conference Request Form, the Department City staff will schedule the pre-application conference and inform the applicant in writing of the conference date, time and location.

6.

Record of pre-application conference. The City is not responsible for making or keeping a summary of the topics discussed at the pre-application conference.

B.

Application contents.

1.

Application form(s). All applications for special exceptions and variances ("application(s)") must be on forms provided by the Director. The Director is authorized to request all information necessary to evaluate the request in the application.

2.

Application contents. A submitted application must include all information, plans, and data as specified in the application requirements.

3.

Map/drawing. When requested, the applicant shall include with the application a map, site plan, plot plan, or other drawing, drawn to scale and/or dimensioned, which indicates the property in question and shows all structures and improvements and their relationship to each other, to the property boundaries and to the proposed action. Any required plans must be at a scale sufficient to permit a clear and precise understanding of the proposal, unless specifically required to be at a set scale.

4.

Submittal waivers. If any application submittal requirement is not applicable or is inappropriate to determine the nature of the special exception or variance, a submittal waiver may be requested with justification for such a waiver. The Director may waive the submittal requirements, except for fees, where the Director finds it is clearly justifiable to make such a waiver. Any person aggrieved by the Director's determination may appeal in accordance with Section 5-210 (Appeals of Administrative Decisions to Board of Adjustment).

C.

Fees.

1.

Fee required. Unless otherwise herein authorized, each application must be accompanied by the required fee(s) as set in the City of Mesquite Comprehensive Fee Schedule.

Cross reference— The Comprehensive Fee Schedule, Mesquite City Code, Appendix D, Section 12-116.

2.

No fees required for City-initiated applications. There are no fee requirements if an application is submitted by any officer, department, board, or commission of the City.

3.

Fee is required for a determination of a complete application. An application shall not be considered complete unless it is accompanied by the required fee.

4.

Refunds. If an application is withdrawn, no fee, or portion thereof, shall be refundable after notices regarding the application have been issued or processed for issuance; however, a refund shall be issued when the applicant requests to withdraw the application due to a City staff error or other error not the fault of the applicant.

D.

Submitting the Application.

1.

Submission. Submission, and completeness review, are both required prior to the City's acceptance and the official filing of an application for a special exception or variance. All applications must be submitted, in such quantity as required by the application instructions, with the Department, unless otherwise specified.

2.

Date of submission. All applications for special exceptions or variances shall be considered submitted when entered on the City's online application portal before 3 p.m. on a business day during normal office hours. Applications entered on or after 3 p.m. on a business day or on Saturday, Sunday, or holidays shall not be considered submitted until the next business day following the date the information was entered.

Cross reference— City's on-line application portal—City of Mesquite Citizen Self Service.

E.

Completeness Review of Application.

1.

Completeness review required. Submission, and completeness review, are both required prior to the City's acceptance and the official filing of an application for a special exception or variance.

2.

Requirements of a complete application. A complete application includes, but may not be limited to:

a.

Required forms.

b.

All information, plans, and data as specified in the application requirements.

c.

The appropriate fee(s).

3.

Incomplete applications. If the application does not include all the submittal requirements for the application, the Director will reject the application and provide the applicant with the reasons for the rejection. The Director will take no further steps to process the application until all deficiencies are remedied.

4.

Completeness determination. The Director shall make his or her final determination regarding a complete or incomplete application in writing.

F.

Acceptance and Official Filing of the Application.

1.

A submitted and complete application shall be accepted and officially filed. If it is determined that a submitted application is complete, the Director shall accept the application and date stamp the application noting the date of the acceptance and official filing of the application.

2.

City shall notify applicant of the acceptance and official filing date. Upon acceptance and official filing of an application, the Director shall provide to the applicant notice of City's acceptance and official filing date of the application.

G.

Substantive Changes Made After Application is Determined Complete. After an application is determined complete, any substantive change made by the applicant to the application requires resubmittal of the entire application and a new completeness review. However, such revisions do not require an additional payment of fees, unless notices have been issued or processed for issuance. In addition, if the substantive changes made to the application were made after notices have been issued or processed for issuance and are due to a City staff error or other error not the fault of the applicant, additional payment of fees are not required. Once the application is under consideration by the appropriate body, additional information or revisions requested during review do not constitute a substantive change to the application.

H.

Withdrawal of Application. An applicant has the right to withdraw an application at any time prior to the final decision, including the ability to withdraw the application if it has been tabled or postponed by the Board. The applicant must submit a request for withdrawal in writing. Fees shall only be refunded in accordance with this section. The Director's receipt of a written withdrawal request shall officially terminate the application.

Cross reference— Fees, Section 5-202, Application Procedures, (C).

I.

Consideration of Subsequent Applications.

1.

Prohibited for one year. Within one (1) year of the date of denial of a special exception or variance by the Board of Adjustment, a subsequent application for substantially the same request will not be reviewed or heard unless an exception exists.

2.

New application is permissible after the one (1) year wait requirement. An application submitted after the required one (1) year wait requirement shall be processed as a new application; however, the new application shall denote the history of any prior requests and/or prior denials associated with the property.

3.

Exceptions to the one (1) year wait requirement. A subsequent application for a denied request may be reviewed or heard, prior to the expiration of the one (1) year wait requirement, if extenuating circumstances exist such that changed conditions or facts will substantially alter the criteria for review of the application.

4.

Submitting the subsequent application prior to the expiration of the one-year wait requirement.

a.

Any subsequent application submitted prior to the expiration of the one (1) year wait requirement shall be processed in the same manner as all other original applications, including, the requirement to pay all applicable fees associated with an application.

Cross reference— Section 5-202, Application Procedures.

b.

Any subsequent application submitted prior to the expiration of the one (1) year wait requirement shall include a detailed statement of the grounds justifying its reconsideration.

5.

Completeness review of a subsequent application. Submission, and completeness review, are both required prior to the City's acceptance and the official filing of any subsequent application prior to the expiration of the one (1) year wait requirement.

Cross reference— Completeness Review of Application, Section 5-202, Application Procedures, (E).

6.

Acceptance and official filing of the subsequent application. If it is determined that a submitted subsequent application is complete, the Director shall accept the application and date stamp the application noting the date of the acceptance and official filing of the application. Upon acceptance and official filing of any subsequent application, the Director shall provide to the applicant notice of City's acceptance and official filing date of the application.

Cross reference— Acceptance and Official Filing of the Application, Section 5-202, Application Procedures, (F).

7.

Decision regarding resubmittal of a subsequent application for consideration.

a.

The Director shall make a determination as to whether the subsequent application is appropriate for resubmittal to the Board prior to the expiration of the one (1) year wait requirement.

b.

If the Director finds that there are no new grounds for consideration of the subsequent application prior to the expiration of the one (1) year wait requirement, he/she will summarily, and without hearing, deny the request for consideration of the subsequent application.

8.

Appeal of Director's decision. Any person aggrieved by the Director's decision to either deny or approve a subsequent application to be considered by the Board prior to the expiration of the one (1) year wait requirement may appeal in accordance with Section 5-210 (Appeals of Administrative Decisions to Board of Adjustment).

(Ord. No. 4789, § 2(Exh. A), 6-15-20)

A.

Required Notice.

1.

Public notice pursuant to the Open Meetings Act. All public hearings, pursuant to any matter in Section(s) 5-200, shall be held at public meetings of the Board of Adjustment. The public notice for meetings shall comply with the Texas Open Meetings Act.

Cross reference— Sec. 5-402—General Regulations of Boards and Commissions.

State Law reference— V.T.C.A., Government Code, Open Meetings Act, Notice of Meeting, § 551.041.

State Law reference— V.T.C.A., Government Code, Open Meetings Act, Time and Accessibility of Notice, § 551.043.

2.

Other Notice. The following table summarizes the City's required notice for matters in Section(s) 5-200.

B.

Mailed Notice.

1.

Purpose of mailing notice. The mailing of the notice of a public hearing informs potentially interested parties within the proximity of the property of the date, time and place of such public hearing and the substance of the public hearing agenda items that may be considered or reviewed.

2.

Requirement and deadline for mailing notice. The Director shall give notice of a public hearing by mailing notice not later than the eleventh (11th) day before the date of the public hearing, unless otherwise provided. The date of the public hearing shall be considered Day Zero (0).

3.

Exceptions to the requirement for mailed notice.

a.

Postponed public hearing. In the event a public hearing is postponed (prior to opening the hearing), no new mailed notice is required to conduct the hearing at a later date, provided the hearing is postponed to a date specific and a public announcement of the future date, time, and place of the postponed hearing is made during the current meeting and recorded in the minutes.

b.

Continued public hearing. In the event a public hearing is opened and continued to a date specific, no new mailed notice is required to continue and conduct the hearing at a later date, provided the hearing is continued to a date specific and a public announcement of the future date, time, and place of the continued hearing is made during the current hearing and recorded in the minutes.

4.

Method of mailing and parties. A mailed notice of public hearing is properly served by its deposit, properly addressed with postage paid, in the U.S. mail to the:

a.

Applicant;

b.

Owners of record of real property, as indicated by the most recently approved municipal tax roll, located within 200-feet of the subject property; and

c.

Parties to an appeal.

5.

Content of notice. A mailed notice of public hearing shall provide at least the following specific information:

a.

Generally describe the subject matter of the public hearing;

b.

Identify the applicant and the location of the subject property;

c.

Identify the body holding the public hearing and the date, time, and place of the public hearing;

d.

If the decision of the body holding the public hearing may be appealed, describe the procedure and requirements for an appeal; and

e.

Include the address, website, and telephone number of the office from which additional information may be obtained.

6.

Sufficiency of notice. Minor typographical and grammatical errors contained in the notice shall not invalidate the notice; however, the notice shall contain the correct date, time and location of the public hearing, and a reasonable person should able to determine the location of the property and subject matter of the application or item being taken up by the Board.

(Ord. No. 4789, § 2(Exh. A), 6-15-20)

Public hearings for special exceptions, variances or appeals of administrative determinations or decisions to the Board of Adjustment shall be conducted in accordance with this Zoning Ordinance, State law, and any other applicable Board rules and regulations.

A.

Pre-Hearing Examination. Once required notice is given, any person may examine the application and material submitted in support of or in opposition to the application during normal business hours, subject to the exceptions set forth in the Texas Public Information Act. Upon reasonable request, any person is entitled to copies of the application and related documents. A fee may be charged for such copies in accordance with the schedule of charges for producing records pursuant to the Public Information Act.

State Law reference— Public Information Act, V.T.C.A. Government Code, § 552.001.

Cross reference— Schedule of charges for producing records, Mesquite City Code, Section 1-15.

B.

Conduct of Public Hearing.

1.

Appearances at a public hearing. A party may appear at the public hearing in person, by agent, or attorney.

2.

Speakers. A person shall be called to speak at a public hearing in the manner provided by the chairperson ("Chair") and/or at the time provided in the Agenda. A speaker shall state the speaker's name and address at the beginning of the speaker's presentation when addressing the Board.

3.

Preliminary issues prior to opening a public hearing. Before opening a hearing, the Board shall decide preliminary issues raised by the parties or City staff, including, but not limited to, requests to postpone the public hearing. In the case of an appeal of an administrative decision, the Board shall decide whether the appellant has standing (which include issues of timeliness, jurisdiction, or ripeness) to appeal.

4.

Process of public hearing. A public hearing on an individual application, or on a grouping of applications, shall generally proceed as follows:

a.

Presentation of a report by City staff.

b.

Opportunity for comments and/or presentation by the applicant (or appellant when applicable).

c.

The Chair will open the public hearing.

d.

Opportunity for comments by persons supporting the application (or appeal when applicable).

e.

Opportunity for comments by persons opposing the application (or appeal when applicable).

f.

Opportunity for rebuttal by the applicant (or appellant when applicable).

g.

The Chair may close the public hearing.

5.

Questions. A member of the Board may ask questions of any person at any time during the hearing. With the approval of the Chair, a person addressing the Board may ask a question of another person in attendance.

6.

Time limits. The Chair conducting a public hearing may limit speakers' time to address the body.

7.

Postpone holding a public hearing. The Board may postpone holding a public hearing prior to the opening of the public hearing. No new mailed notice is required to conduct the hearing at a later date, provided the hearing is postponed to a date specific and a public announcement of the future date, time, and place of the postponed hearing is made during the current meeting and recorded in the minutes.

8.

Continuing an opened public hearing. The Board may continue an opened public hearing to a later date. No new mailed notice is required to continue and conduct the hearing at a later date, provided the hearing is continued to a date specific and a public announcement of the future date, time, and place of the continued hearing is made during the current hearing and recorded in the minutes.

9.

Closing and re-opening a public hearing. If a public hearing is opened and later in the same meeting closed and adjourned, rather than "continued" to a later date, in order to re-open the public hearing on another day, all mailed notice must be given that would have been required for the initial public hearing.

(Ord. No. 4789, § 2(Exh. A), 6-15-20)

A.

In General. This section allows a person to seek relief from the enforcement of any regulation contained in this Zoning Ordinance that would result in illegal discrimination against persons with disabilities.

B.

Purpose. Special exceptions may be granted for reasonable accommodations when needed to provide disabled individuals an equal opportunity to use and enjoy a dwelling.

Note— Federal law reference—Federal Fair Housing Act, as amended, 42 U.S.C. §§ 3601-3619.

C.

Authority. Under State law, the Board of Adjustment may hear and decide special exceptions to the terms of this zoning ordinance when the special exceptions are expressly provided for by ordinance. Under federal law, special exceptions for a reasonable accommodation are required to provide disabled or handicap individuals an equal opportunity to use and enjoy a dwelling.

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009(a)(2).

Note— Federal law reference—Federal Fair Housing Act, as amended, 42 U.S.C. §§ 3601-3619.

D.

Effect. Approval of an application for a special exception, for a reasonable accommodation, entitles the applicant to undertake the use or activity authorized under the special exception.

E.

Initiation. All applications for requests for a special exception, for a reasonable accommodation, may be made by any person with a disability, or their authorized representative, and shall be made in accordance with the requirements contained in Section 5-202 (Application Procedures). The request shall state the reason for the special exception for a reasonable accommodation from this Zoning Ordinance and the basis for the request.

F.

Notice. Notice, in accordance with Section 5-203 (Notice), shall be provided to the public regarding a request for a special exception, for a reasonable accommodation, and any associated public hearing.

G.

Public Hearing. A public hearing, in accordance with Section 5-204 (Public Hearing), shall be conducted to determine whether the request for a special exception, for a reasonable accommodation, should be granted.

H.

Action by the Director. Action by the Director for applications for requests for a special exception, for a reasonable accommodation, shall follow the process for special exceptions in accordance with Section 5-206 (Special Exception).

I.

Action by the Board of Adjustment. Action by the Board for applications for requests for a special exception, for a reasonable accommodation, shall follow the process for special exceptions in accordance with Section 5-206 (Special Exception).

J.

Limitations.

1.

This section does not authorize the Board to grant a change in the use of a building or structure.

2.

A reasonable accommodation for an increase in the number of residents for any use terminates if the property ceases to be operated as housing for disabled or handicap persons as defined by the Fair Housing Act, as amended.

Note— Federal law reference—Federal Fair Housing Act, as amended, 42 U.S.C. §§ 3601-3619.

K.

Modifications and Conditions.

1.

Granting a special exception approval with a modification. The Board may grant a special exception, for a reasonable accommodation, that is less than that requested in the submitted application when it has been decided that the applicant is entitled to some relief, but not to the entire relief requested in the application.

2.

Granting a special exception with conditions and restrictions. The Board may impose such conditions and restrictions upon the special exception, for a reasonable accommodation, consistent with the purpose stated in this section.

L.

Approval Standards. To grant a special exception, for a reasonable accommodation, the applicant, or applicant's authorized representative, shall have the burden to demonstrate and the Board must find that:

1.

The applicant (or the person on whose behalf the applicant is requesting the accommodation) suffers from a disability as defined by the Fair Housing Act, as amended; and

2.

The applicant (or the person on whose behalf the applicant is requesting the accommodation) demonstrates that the accommodation is both reasonable and necessary. An accommodation under this section is "necessary" if without the accommodation the applicant will be denied an equal opportunity to obtain the housing of his or her choice.

(Ord. No. 4789, § 2(Exh. A), 6-15-20)

A.

In General. A special exception refers to uses or a modification of standards this Zoning Ordinance allows, but that are examined and specially approved by the Board of Adjustment.

B.

Purpose. The purpose of a special exception review by the Board is to determine situational suitability for the requested special exception.

C.

Authority. The Board may hear and decide special exceptions to the terms of this zoning ordinance when the special exceptions are expressly provided for by ordinance.

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009(a)(2).

D.

Effect. Approval of an application for a special exception entitles the applicant to undertake the use or activity authorized under the special exception.

E.

Applicability. An application for a special exception may be filed only for the use or modifications listed below, or as otherwise provided for in this Zoning Ordinance:

Nonconforming Situations:

1.

Nonconforming uses. Section 1-302(B).

2.

Nonconforming structures and premises. Section 1-303(B).

Temporary Uses:

3.

Temporary uses.

a.

Temporary classrooms. Section 1-603(A).

b.

Temporary residences. Section 1-603(B).

Telecommunications Towers and Antennas:

4.

Accessory telecommunications facilities—Oversized antenna. Section 1-702(A)(2).

Landscaping, Buffering, and Screening and Tree Preservation:

5.

Special exception for tree preservation. Section 1A-403(G).

Reasonable Accommodations for Persons with Disabilities:

6.

Reasonable accommodations for persons with disabilities. Section 5-205.

Residential Districts:

7.

Principal or accessory uses. Section 2-201(C) and Section 2-203.

8.

Garage conversions-Relocation of converted parking not required. Section 2-202(E).

9.

Accessory dwelling units. Section 2-203(C)(3) and Section 2-603(N).

10.

Keeping of horses and ponies (private). Section 2-203(C)(9).

11.

Keeping of livestock (private) (includes poultry/fowl/chickens). Section 2-203(C)(10).

12.

Ponds (Over 1 ½ feet deep). Section 2-203 C)(16).

13.

Minimum unit size. Section 2-305.

14.

Lighted game courts. Section 2-603(J) and Section 2-604(D).

15.

Oversized accessory structure. Section 2-604(A).

16.

Front carports. Section 2-604(B).

17.

Front or exterior porch covers. Section 2-604(C).

Nonresidential Districts:

18.

Principal or accessory uses. Section 3-201(C) and Section 3-203.

19.

Livestock production. Section 3-203(A)(02).

20.

Livestock production as an accessory use. Section 3-203(A)(02); Section 2-203(C)(9); and Section 2-203(C)(10).

21.

Railroad transportation. Section 3-203(E)(40).

22.

Railroad passenger terminal. Section 3-203(E)(40)(a).

23.

Local transit, highway transportation. Section 3-203(E)(41).

24.

Pipelines. Section 3-203(E)(46).

25.

Ponds (Over 1 ½ feet deep). Section 3-203(L)(9).

26.

Off-site parking. Section 3-403(A).

27.

Joint use parking. Section 3-403(B).

28.

Parking reduction. Section 3-403(C).

29.

Flagpoles over seventy-five (75) feet in height. Section 3-702(D) and Section 3-703(B).

30.

Oversize accessory buildings. Section 3-703(A).

31.

Reverse vending machines. Section 3-703(C).

F.

Initiation. A property owner, or person expressly authorized in writing by the property owner, may request a pre-application conference and/or submit an application for a special exception in accordance with Section 5-202 (Application Procedures).

G.

Notice. Notice, in accordance with Section 5-203 (Notice), shall be provided to the public regarding a request for a special exception and any associated public hearing.

H.

Public Hearing. A public hearing, in accordance with Section 5-204 (Public Hearing), shall be conducted to determine whether the request for a special exception should be granted.

I.

Action by the Director. All applications for special exceptions, along with the associated fees, must be submitted to the Department in accordance with Section 5-202 (Application Procedures). The Director shall take the following actions upon the City's acceptance and the official filing of the application:

1.

Upon receipt of an accepted and officially filed application the Director shall review and produce a staff report for presentation to the Board. The staff report shall include a summary of the requested special exception, staff comments, and a staff recommendation.

2.

The Director shall schedule the application for a public hearing and consideration by the Board.

3.

The Director shall provide notice in accordance with Section 5-203 (Notice).

J.

Action by the Board of Adjustment.

1.

Public hearing and consideration of the application. After receipt of an accepted and official filed application and staff report from the Director, the Board shall hold a public hearing, at a public meeting, in accordance with Section 5-203 (Public Hearing) and consider the application for a special exception.

2.

Actions.

a.

The Board must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section and may take any of the following actions regarding the application for a special exception:

(1)

Approval;

(2)

Approval with modifications;

(3)

Denial; or

(4)

The Board may also, including but not limited to:

(a)

Postpone holding the public hearing and consideration of the application to a later date; or

(b)

Continue an opened public hearing and consideration of the application to a later date.

b.

The Board may require that a special exception be:

(1)

Revocable;

(2)

Effective for a specified time period; or

(3)

Subject to one or more conditions.

K.

Modifications and Conditions.

1.

Granting a special exception approval with a modification. The Board may grant a special exception that is less than that requested in the submitted application when it has been decided that the applicant is entitled to some relief, but not to the entire relief requested in the application.

2.

Granting a special exception with conditions and restrictions. The Board may impose such conditions and restrictions upon the special exception as may be deemed necessary for the protection of the public health, safety, and welfare.

L.

Approval Standards.

1.

Special exceptions. Special exceptions may be granted as set out in this Zoning Ordinance, when the Board finds that the special exception:

a.

Will allow greater use and enjoyment of property; and

b.

Without creating adverse impacts on adjacent properties; and

c.

That it will be compatible with the surrounding neighborhood; and

d.

When applicable, the board shall also consider any additional criteria set out in this Zoning Ordinance for any specific special exception.

2.

Special exceptions for a reasonable accommodation for persons with disabilities. See Section 5-205 (Reasonable Accommodations for Persons with Disabilities) for the approval standards for a special exception for a reasonable accommodation.

M.

Vote Required. The concurring vote of four (4) members of the Board is required to grant a request for special exception or a special exception for a reasonable accommodation.

(Ord. No. 4789, § 2(Exh. A), 6-15-20; Ord. No. 4821, § 2(Exh. A), 10-19-20)

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009(c).

Cross reference— Motions, Section 5-208, Rules for Motions, Decisions, Reconsiderations, and Appeals to Court, (A).

A.

In general. a variance is suspension of the literal enforcement of this zoning ordinance. in general, it is the duty of the board of adjustment to determine whether the literal application of the zoning ordinance to the piece of property would be unreasonable in light of the city's general authority to secure reasonable zoning.

B.

Purpose. Zoning variances are intended to address unnecessary hardships or practical difficulties resulting from the strict application of zoning-related standards. The purpose of the variance process is to provide a narrowly limited means by which relief may be granted from unforeseen applications of this Zoning Ordinance.

C.

Authority.

1.

Variance from the terms of the zoning ordinance. The Board may, in specific cases, after written notice and a public hearing, authorize a variance from the terms of this Zoning Ordinance in accordance with the approval standards in this section.

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009.

2.

Variances prohibited. The Board shall not grant use variances. A use variance is a request for a variance to allow a use that is not listed as a permitted use within a zoning district.

D.

Effect. Approval of an application for a variance entitles the applicant to deviate from the strict terms of this Zoning Ordinance as authorized by the terms in the variance.

E.

Initiation. A property owner, or person expressly authorized in writing by the property owner, may request a pre-application conference and/or submit an application for a variance in accordance with Section 5-202 (Application Procedures).

F.

Notice. Notice, in accordance with Section 5-203 (Notice), shall be provided to the public regarding a request for a variance and any associated public hearing.

G.

Public Hearing. A public hearing, in accordance with Section 5-204 (Public Hearing), shall be conducted to determine whether the request for a variance should be granted.

H.

Action by the Director. All applications for variances, along with the associated fees, must be submitted to the Department in accordance with Section 5-202 (Application Procedures). The Director shall take the following actions upon the City's acceptance and the official filing of the application:

1.

Upon receipt of an accepted and officially filed application the Director shall review and produce a staff report for presentation to the Board. The staff report shall include a summary of the requested variance, staff comments, and a staff recommendation.

2.

The Director shall schedule the application for a public hearing and consideration by the Board.

3.

The Director shall provide notice in accordance with Section 5-203 (Notice).

I.

Action by the Board of Adjustment.

1.

Public hearing and consideration of the application. After receipt of an accepted and official filed application and staff report from the Director, the Board shall hold a public hearing, at a public meeting, in accordance with Section 5-203 (Public Hearing) and consider the application for a variance.

2.

Actions.

a.

The Board must evaluate the application based upon the evidence presented at the public hearing, pursuant to the approval standards of this section and may take any of the following actions regarding the application for a variance:

(1)

Approval;

(2)

Approval with modifications;

(3)

Denial; or

(4)

The Board may also, including but not limited to:

(a)

Postpone holding the public hearing and consideration of the application to a later date; or

(b)

Continue an opened public hearing and consideration of the application to a later date.

b.

The Board may require that a variance be:

(1)

Revocable;

(2)

Effective for a specified time period; or

(3)

Subject to one or more conditions.

J.

Modifications and Conditions.

1.

Granting a variance approval with a modification. The Board may grant a variance that is less than that requested in the submitted application when it has been decided that the applicant is entitled to some relief, but not to the entire relief requested in the application.

2.

Granting a variance with conditions and restrictions. The Board may impose such conditions and restrictions upon the variance as may be deemed necessary for the protection of the public health, safety, and welfare.

K.

Approval Standards.

1.

In order to grant a zoning variance from the terms of this Zoning Ordinance the Board shall find that:

a.

The variance is not contrary to the public interest; and

b.

Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship (See K.2. below); and

c.

The spirit of this Zoning Ordinance is observed and substantial justice is done.

2.

If special conditions exist, then the Board may consider the following as grounds to make a determination whether compliance with the Mesquite Zoning Ordinance ("MZO"), as applied to a structure that is the subject of the variance, would result in unnecessary hardship:

(1)

If the financial cost of compliance with the MZO is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the City under Section 26.01, Tax Code, or successor and as amended, then the Board may find that to be an unnecessary hardship; or

(2)

If compliance with the MZO would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur, then the Board may find that to be an unnecessary hardship; or

(3)

If compliance with the MZO would result in the structure not being in compliance with a requirement of a City ordinance, building code, or other requirement, then the Board may find that to be an unnecessary hardship; or

(4)

If compliance with the MZO would result in the unreasonable encroachment on an adjacent property or easement, then the Board may find that to be an unnecessary hardship, or

(5)

If compliance with the MZO would result in the City considering the structure to be a nonconforming structure, then the Board may find that to be an unnecessary hardship.

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009.

L.

Vote Required. The concurring vote of four (4) members of the Board is required to grant a request for variance.

(Ord. No. 4789, § 2(Exh. A), 6-15-20; Ord. No. 4905, § 2(Exh. A), 10-18-21)

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009.

Cross reference— Motions, Section 5-208, Rules for Motions, Decisions, Reconsiderations, and Appeals to Court, (A).

This section is applicable to special exceptions, special exceptions for reasonable accommodations, and variances.

A.

Motions.

1.

Motions to approve the application. The concurring vote of four (4) members of the Board is required to grant a request for special exception, a special exception for a reasonable accommodation, or a variance.

a.

Motion to approve—Carries. When the motion to approve an application is made, seconded, and receives four (4) affirmative votes, the motion is adopted and the request is approved.

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009(c).

b.

Motion to approve—Fails.

(1)

When a motion to approve an application is made, seconded, and fails to receive four (4) affirmative votes, the motion fails and the request is deemed denied, unless otherwise provided.

(2)

Exception. In the event only four (4) members are present, and a motion to approve an application is made and seconded, and a vote is taken where at least one member abstains from the vote (leaving only three (3) or less members voting):

(a)

The motion fails, but the request shall not be deemed denied (unless three (3) members vote against the motion to approve thereby denying the request); and

(b)

The public hearing is automatically re-opened and continued so that consideration of the application shall be automatically postponed and placed on the agenda for the first available meeting for which notice of the hearing can be timely provided.

2.

Motion to deny the application. A simple majority vote of the members of the Board is required to deny a request for special exception, special exception for a reasonable accommodation, or a variance.

a.

Motion to deny—Carries. When the motion to deny an application is made, seconded, and receives a simple majority vote, the motion is adopted and the request is denied.

b.

Motion to deny—Fails. When the motion to deny an application is made, seconded, and fails to receive a simple majority vote, the motion fails, the request is neither denied or approved, and another motion must be made (e.g., "motion to approve," "motion to postpone," etc.) to dispose of the case.

3.

All other motions. A simple majority vote of the members shall be required to adopt any motion other than a motion to approve the application or to decide in favor of an applicant on any matter on which the Board is required to pass under this Zoning Ordinance.

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009(c).

Cross reference— Request for Reconsideration, Section 5-208(C).

B.

Decision.

1.

The Board's decision is not an official final decision until it is "filed in the Board's office."

2.

A final decision is deemed to be "filed in the Board's office" on the later of:

a.

The first business day after the expiration of the 7-day time period for the Board's receipt of a written request for reconsideration; or

b.

If a timely request for reconsideration is filed, the first business day after:

(1)

The meeting at which the Board denies the request for reconsideration; or

(2)

If a request to reconsider a matter is granted and the application is reconsidered by the Board - the meeting at which the Board takes action on the case.

Cross reference— Request for Reconsideration, Section 5-208(C).

3.

Unless otherwise provided, the Board's final decision "filed in the Board's office" is final unless timely appealed to a court of competent jurisdiction in accordance with Texas Local Government Code, Chapter 211.

State Law reference— Judicial Review of Board Decision, V.T.C.A. Local Government Code, § 211.011.

Cross reference— Appeal of Board of Adjustment Decision to Court, Section 5-208(D).

C.

Request for Reconsideration. The following applies to a written request for reconsideration filed with the Board within seven (7) calendar days of the decision.

1.

Reconsideration at a subsequent meeting. A matter on which the Board has acted, with regard to a special exception or variance, may be reconsidered at a subsequent meeting, once by the Board, unless otherwise provided.

2.

Reconsideration distinguished from submission of a subsequent application. This sub-section applies to written requests for reconsideration. Any person wishing to submit a "subsequent application" shall do so in accordance with Section 5-202 (Application Procedures).

Cross reference— Consideration of Subsequent Applications, Section 5-202, Application Procedures, (I).

3.

Persons authorized to request reconsideration. A written request to reconsider may be filed by any of the following persons:

a.

A person who:

(1)

Filed the application that is the subject of the decision; or

(2)

Is the owner or representative of the owner of the property that is the subject of the decision; or

(3)

Is aggrieved by the decision and is the owner of real property within 200-feet of the property that is the subject of the decision; or

b.

Any officer, department, board, or commission of the City affected by the decision.

4.

Time period for receipt of a request for reconsideration. Requests for reconsideration shall be filed within seven (7) calendar days after the Board's decision. For purposes of calculating the City's receipt of a timely request for reconsideration, the date of the Board's decision shall be considered Day Zero (0).

5.

Request for reconsideration must be made in writing. Requests for reconsideration shall be filed in writing on forms provided by the Director. A request for reconsideration shall state:

a.

Why the action should be reconsidered;

b.

How the Board erred in its determination (if applicable); and

c.

Any new or clarified evidence (if applicable).

6.

Fee.

a.

Fee required. Unless otherwise herein authorized, a written request to reconsider must be accompanied by the required fee(s) as set in the City of Mesquite Comprehensive Fee Schedule.

Cross reference— The Comprehensive Fee Schedule, Mesquite City Code, Appendix D, Section 12-116.

b.

No fee required for City-initiated requests for reconsideration. There are no fee requirements if a written request for reconsideration is submitted by any officer, department, board, or commission of the City.

c.

Refunds. If a written request for reconsideration is withdrawn, no fee, or portion thereof, shall be refundable after notices regarding the request have been issued or processed for issuance; however, a refund shall be issued when the person requests to withdraw the request for reconsideration due to a City staff error or other error not the fault of the person.

7.

Request for reconsideration is placed on the agenda of the first available meeting. When a request to reconsider has been properly filed, the Director shall place the request on the agenda of the first available meeting for which notice of the hearing can be timely provided.

State Law reference— V.T.C.A., Government Code, Open Meetings Act, Notice of Meeting, § 551.041.

State Law reference— V.T.C.A., Government Code, Open Meetings Act, Time and Accessibility of Notice, § 551.043.

8.

Notice. The Board shall provide notice, in accordance with Section 5-203 (Notice), to the public regarding the Board's receipt of a request for reconsideration and the mailed notice shall notify the public that the Board may elect to reconsider the matter and if the request for reconsideration is granted the application will be reconsidered by the Board and a public hearing will be held.

9.

Withdraw of a request for reconsideration. A person has the right to withdraw their written request for reconsideration at any time prior to the final decision, including the ability to withdraw the request if it has been tabled or postponed by the Board. The person must submit a request for withdrawal in writing. Fees shall only be refunded in accordance with this section. The Director's receipt of a written withdrawal shall officially terminate the request for reconsideration.

Cross reference— Fee, Section 5-208(C)(6).

10.

Board's consideration of the request for reconsideration. The Board shall review the request for reconsideration and shall, on the basis of the written material submitted by the applicant in support of the request, determine whether to reconsider the matter because of an error in its original determination or on the basis of new or clarified evidence not presented to the Board at the original hearing that might affect its determination.

11.

Motion to reconsider the matter.

a.

A Board member may move to reconsider, based on the written request for reconsideration, regardless of the Board member's vote on the original matter.

b.

The affirmative vote of four (4) members of the Board shall be necessary to reconsider a matter. When a motion to reconsider is made, seconded, and receives four (4) affirmative votes, the application shall then next be reconsidered by the Board (immediately following the Board's favorable decision to reconsider the matter).

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009(c).

c.

When a motion to reconsider is made, seconded, and fails to receive four (4) affirmative votes, the motion fails and the request is deemed denied and shall constitute final action on the matter.

12.

Vote requirements if the application is reconsidered. Action on the application, for which reconsideration has been granted, is subject to the same voting requirements as the original determination.

13.

Request for reconsideration NOT a requirement prior to appeal to Court. A request for reconsideration by the Board is permissible, but not mandatory prior to filing an appeal with a court of appropriate jurisdiction as provided under Sec. 211.011 of the Texas Local Government Code and other applicable law.

D.

Appeal of Board of Adjustment Decision to Court.

1.

Final decisions of the Board may be appealed, to a district court, county court, or county court at law, within ten (10) days of the Board's final decision being "filed in the Board's office" as provided under Sec. 211.011 of the Texas Local Government Code and other applicable law.

State Law reference— Judicial Review of Board Decision, V.T.C.A. Local Government Code, § 211.011.

2.

A final decision is deemed to be "filed in the board's office" as herein described above.

Cross reference— Defining "filed in the Board's office," Section 5-208, Decision, (B)(2).

3.

The date the final decision of the Board of Adjustment is "filed in the board's office" shall be considered Day Zero (0).

(Ord. No. 4789, § 2(Exh. A), 6-15-20)

This section is applicable to special exceptions, special exceptions for reasonable accommodations, and variances.

A.

Expiration of Special Exception and/or Variance. An approved special exception, special exception for a reasonable accommodation, or variance will expire one hundred eighty (180) days, or an extended time period as the Board of Adjustment may designate, after the date the Board's decision is "filed in the Board's office," unless a building permit or Certificate of Occupancy is issued before the expiration of such period.

Cross reference— Defining "filed in the Board's office," Section 5-208, Decision, (B)(2).

B.

Effect of Expiration. If the building permit and/or Certificate of Occupancy is not issued within said one hundred eighty (180) days or such extended period as the Board may have specifically granted, then the special exception, or variance shall be deemed to have been waived and all rights thereunder terminated.

C.

Calculation of Time Period. For purposes of calculation for expiration, the date the Board of Adjustment's final decision is "filed in the Board's office" shall be considered Day Zero (0).

Cross reference— Defining "filed in the Board's office," Section 5-208, Decision, (B)(2).

D.

Extension of Time Period.

1.

Time period limits. The Board of Adjustment may grant an extension of time for a period of validity longer than one hundred eighty (180) days, but in no event shall the Board of Adjustment grant a time period of more than three hundred and sixty-five (365) days.

2.

Authorization for extension of time period. The Board of Adjustment is authorized to extend the time period for validity of the special exception and/or variance on the same day of approval or at any time thereafter in a public meeting prior to the date of expiration.

3.

Application and fee for extension of time period if requested after original day of approval. A person may apply in writing to the Board of Adjustment for an extension of time at any time prior to the date of expiration of the special exception and/or variance. An application for an extension of time for a period of validity longer than that which was approved by the Board shall be on forms provided by the Director. All applications for extensions of time shall be accompanied by the required fee(s) as set in the City of Mesquite Comprehensive Fee Schedule. When an application for extension of time has been properly filed, the Director shall place the application on the agenda of the first available meeting for which notice of the matter can be timely provided.

Cross reference— The Comprehensive Fee Schedule, Mesquite City Code, Appendix D, Section 12-116.

4.

Expiration. The applicant, holding an expired special exception and/or variance still wishing to pursue the special exception and/or variance, shall be required to file a new application along with the appropriate fees in accordance with Section 5-202 (Application Procedures).

(Ord. No. 4789, § 2(Exh. A), 6-15-20; Ord. No. 5061, § 8(Exh. G), 9-5-23)

Cross references—Certificate of Occupancy, Mesquite Zoning Ordinance, Part 5, 5-100, Sec. 5-106.

A.

In General. Persons aggrieved by an administrative order, requirement, decision, or determination made by a City administrative official, in the enforcement or interpretation of this Zoning Ordinance, may appeal to the Board of Adjustment. An administrative order, requirement, decision, or determination may sometimes herein be referred to collectively as an "administrative decision."

Cross reference— Appeals of Director's Interpretation of Zoning Ordinance, Section 1-103(C).

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009.

State Law reference— Appeal to Board, V.T.C.A. Local Government Code, § 211.010.

B.

Purpose. The appeal process, for a person aggrieved by a decision made by a City administrative official, provides for a secondary review by the Board for the purpose of the Board to determine whether the administrative official correctly applied the Zoning Ordinance and its regulations.

C.

Authority.

1.

The Board shall hear and decide appeals that allege error in an order, requirement, decision, or determination made by an administrative official in the enforcement or interpretation of this Zoning Ordinance.

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009(a).

2.

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 the Board has the same authority as the administrative official.

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009(b).

D.

Persons Authorized to Make an Appeal.

1.

Appeals NOT related to a specific application, address or project. Any of the following persons may appeal to the Board an administrative decision made by an administrative official that is NOT related to a specific application, address, or project:

a.

A person aggrieved by the administrative decision; or

b.

Any officer, department, board, or bureau of the City affected by the administrative decision.

State Law reference— Appeal to Board, V.T.C.A. Local Government Code, § 211.010(a).

2.

Appeals related to a specific application, address, or project. Any of the following persons may appeal to the Board an administrative decision made by an administrative official that is related to a specific application, address, or project:

a.

A person who:

(1)

Filed the application that is the subject of the administrative decision; or

(2)

Is the owner or representative of the owner of the property that is the subject of the administrative decision; or

(3)

Is aggrieved by the administrative decision and is the owner of real property within 200-feet of the property that is the subject of the decision; or

b.

Any officer, department, board, or bureau of the City affected by the administrative decision.

State Law reference— Appeal to Board, V.T.C.A. Local Government Code, § 211.010(a)(1).

E.

Initiating an Appeal.

1.

Notice of appeal. The appellant must file with the Board, and the official from whom the appeal is taken, a notice of appeal specifying the grounds for the appeal.

2.

Fee. Unless otherwise herein authorized, a notice of appeal must be accompanied by the required fee(s) as set in the City of Mesquite Comprehensive Fee Schedule. There are no fee requirements if a notice of appeal is filed by any officer, department, board, bureau, or commission of the City.

Cross reference— The Comprehensive Fee Schedule, Mesquite City Code, Appendix D, Section 12-116.

3.

Appellate burden. The appellant is responsible for establishing the administrative official's administrative decision being appealed is contrary to the applicable law or regulations.

4.

Content of notice of appeal. A notice of appeal shall be filed in writing on forms provided by the Director. A notice of appeal shall identify the following:

a.

The name, address, and telephone number of the appellant.

b.

The name of the original applicant, if the appellant is not the original applicant.

c.

The name or title of the administrative official that issued the decision.

d.

The decision being appealed.

e.

The date of decision.

f.

A description of the appellant's status as a person authorized to make an appeal.

g.

The reasons the appellant believes the decision is in error and does not comply with the requirements of this Zoning Ordinance.

5.

Deadline. The appeal must be filed not later than the twentieth (20th) day after the date the administrative decision is made. The date the administrative decision is made shall be considered Day Zero (0).

State Law reference— Appeal to Board, V.T.C.A. Local Government Code, § 211.010(b).

6.

Acceptance and official filing of notice of appeal. A notice of appeal is considered accepted and officially filed upon the Planning and Development Services Department's receipt before 5:00 p.m. on a business day during normal office hours. Any notice of appeal received on or after 5:00 p.m. on a business day or on Saturday, Sunday, or holidays shall not be considered officially accepted and filed until the next business day following the date the information was received or entered. A notice of appeal shall not be considered accepted and officially filed unless it is accompanied by the required fee(s) as set in the City of Mesquite Comprehensive Fee Schedule.

Cross reference— The Comprehensive Fee Schedule, Mesquite City Code, Appendix D, Section 12-116.

F.

Stay of Administrative Proceedings.

1.

The appeal stays all proceedings in furtherance of the action that is appealed, unless, after receipt of the notice of appeal, the administrative official from whom the appeal is taken certifies in writing to the Board of Adjustment facts supporting the official's opinion that a stay would cause imminent peril to life or property.

2.

If the administrative official files the written statement, the proceedings shall not be stayed, unless, a restraining order is granted by the Board of Adjustment or a court of record. A restraining order allowing the stay of proceedings would require an application to the Board or a court of record, notice to the administrative official, and a showing of due cause.

State Law reference— Appeal to Board, V.T.C.A. Local Government Code, § 211.010(c).

G.

Scheduling of Public Hearing. A public hearing on an appeal shall be scheduled for the first available meeting for which notice of the hearing can be timely provided and not later than the sixtieth (60th) day after the date the appeal is accepted and officially filed.

State Law reference— Appeal to Board, V.T.C.A. Local Government Code, § 211.010(d).

H.

Notice. Notice, in accordance with Section 5-203 (Notice), shall be provided to the public and to the parties in interest regarding an appeal and any associated public hearing.

I.

Public Hearing. A public hearing shall be conducted in accordance with Section 5-204 (Public Hearing).

J.

Action by the Director. The Director shall take the following actions upon the City's acceptance and the official filing of the notice of appeal:

1.

Upon receipt of a notice of appeal, the administrative official from whom the appeal is taken shall be immediately notified. The administrative official shall immediately transmit to the Board all the papers constituting the record of the action that is appealed.

2.

The Director shall review and produce the records of the action(s), including a summary of the record, for transmission and presentation to the Board.

3.

The Director shall schedule the appeal for a public hearing on the next meeting of the Board for which notice can be provided and not later than the sixtieth (60th) day after the date the appeal is accepted and officially filed.

4.

The Director shall provide notice in accordance with Section 5-203 (Notice).

State Law reference— Appeal to Board, V.T.C.A. Local Government Code, § 211.010(b).

K.

Action by the Board of Adjustment.

1.

Public hearing and consideration of appeal; deadline. After receipt of an accepted and officially filed notice of appeal, the Board shall hear and decide the appeal at a public meeting and hold a public hearing in accordance with Section 5-203 (Public Hearing) not later than the sixtieth (60th) day after the date the appeal is accepted and officially filed.

2.

Actions.

a.

Preliminary issues prior to opening a public hearing. Before opening a hearing, the Board shall decide preliminary issues raised by the parties or City staff, including, but not limited to, requests to postpone the public hearing. The Board shall also decide whether the appellant has standing (which include issues of timeliness, jurisdiction, or ripeness) to appeal.

b.

The Board must evaluate the notice of appeal based upon the record and in exercising its authority, the Board may:

(1)

Affirm;

(2)

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 the Board has the same authority as the administrative official;

(3)

Reverse; or

(4)

The Board may also, including but not limited to:

(a)

Postpone holding the public hearing and consideration of the appeal to a later date so long as the appeal is decided not later than the sixtieth (60th) day after the date the appeal is accepted and officially filed; or

(b)

Continue an opened public hearing and consideration of the appeal to a later date so long as the appeal is decided not later than the sixtieth (60th) day after the date the appeal is accepted and officially filed.

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009(b).

L.

Approval Standards. In order to grant an appeal modifying or reversing an administrative decision, the appellant must establish the administrative official's decision being appealed is contrary to the applicable law or regulations, and the Board must:

1.

Find the City staff's administrative decision is erroneous; and

2.

Provide a statement of grounds in support of the finding; and

3.

State what the Board determines to be the correct interpretation of the matter at issue in the appeal.

M.

Vote Required.

1.

Motion to affirm, in whole, the administrative decision. The concurring vote of a simple majority of the Board is required to affirm in whole, an administrative decision of an administrative official.

a.

Motion to affirm the administrative decision - carries. When a motion to affirm in whole, the administrative decision, from which an appeal is taken, is made, seconded, and receives a simple majority vote the motion is adopted and the decision of the administrative official is affirmed.

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009(b), (c).

b.

Motion to affirm the administrative decision - fails. When a motion to affirm in whole, the administrative decision from which an appeal is taken, is made, seconded, and fails to receive a simple majority vote the motion fails, the decision of the administrative official is neither affirmed or reversed, and another motion must be made (e.g., "motion to modify," "motion to reverse," or "motion to postpone," etc.) to dispose of the appeal.

2.

Motion to modify the administrative decision. The concurring vote of four (4) members of the Board is required to modify an administrative decision of an administrative official.

a.

Motion to modify the administrative decision - carries. When a motion to modify the administrative decision, from which an appeal is taken, is made, seconded, and receives four (4) affirmative votes the motion is adopted and the decision of the administrative official is modified.

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009(b), (c).

b.

Motion to modify the administrative decision—Fails.

(1)

When a motion to modify the administrative decision, from which an appeal is taken, is made, seconded, and fails to receive four (4) affirmative votes the motion fails, the decision of the administrative official is not modified, and is neither affirmed or reversed, and another motion must be made (e.g., "motion to affirm," "motion to reverse," or "motion to postpone," etc.) to dispose of the appeal, unless otherwise provided.

(2)

In the event only four (4) members are present, and a motion to modify the administrative decision is made and seconded, and a vote is taken where at least one member abstains from the vote (leaving only three (3) or less members voting):

(a)

The motion fails; and

(b)

The public hearing is automatically re-opened and continued so that consideration of the appeal of the administrative decision shall be automatically postponed and placed on the agenda for the first available meeting for which notice of the hearing can be timely provided, so long as it is not later than the sixtieth (60th) day after the date the appeal is accepted and officially filed.

3.

Motion to reverse, in whole, the administrative decision. The concurring vote of four (4) members of the Board is required to reverse in whole, an administrative decision of an administrative official.

a.

Motion to reverse the administrative decision—Carries. When a motion to reverse in whole, the administrative decision, from which an appeal is taken, is made, seconded, and receives four (4) affirmative votes the motion is adopted and administrative decision is reversed.

State Law reference— Authority of Board, V.T.C.A. Local Government Code, § 211.009(b), (c).

b.

Motion to reverse the administrative decision—Fails.

(1)

When a motion to reverse in whole, the administrative decision from which an appeal is taken, is made, seconded, and fails to receive four (4) affirmative votes the motion fails, the administrative decision is neither reversed or affirmed, and another motion must be made (e.g., "motion to modify," "motion to affirm," or "motion to postpone," etc.) to dispose of the appeal, unless otherwise provided.

(2)

In the event only four (4) members are present, and a motion to reverse in whole, the administrative decision is made and seconded, and a vote is taken where at least one member abstains from the vote (leaving only three (3) or less members voting):

(a)

The motion fails; and

(b)

The public hearing is automatically re-opened and continued so that consideration of the appeal of the administrative decision shall be automatically postponed and placed on the agenda for the first available meeting for which notice of the hearing can be timely provided, so long as it is not later than the sixtieth (60th) day after the date the appeal is accepted and officially filed.

4.

All other motions. A simple majority vote of the members shall be required to approve any motion other than a motion to modify or a motion to reverse.

N.

Decision.

1.

The Board's decision is not an official final decision until it is "filed in the Board's office."

2.

In the case of an appeal of an administrative decision, the Board's final decision is deemed to be "filed in the board's office" on the first business day after the meeting at which the Board takes action by affirming, modifying or reversing the administrative decision.

3.

Unless otherwise provided, the Board's final decision "filed in the Board's office" is final unless timely appealed to a court of competent jurisdiction in accordance with Texas Local Government Code, Chapter 211.

State Law reference— Judicial Review of Board Decision, V.T.C.A. Local Government Code, § 211.011.

Cross reference— Appeal of Board of Adjustment Decision to Court, Section 5-210(P).

O.

Request for Reconsideration—Not Permissible. In the case of an appeal of an administrative decision, a written request for reconsideration is not permissible.

P.

Appeal of Board of Adjustment Decision to Court.

1.

Final decisions of the Board may be appealed, to a district court, county court, or county court at law, within ten (10) days of the Board's final decision being "filed in the Board's office" as provided under Sec. 211.011 of the Texas Local Government Code and other applicable law.

State Law reference— Judicial Review of Board Decision, V.T.C.A. Local Government Code, § 211.011.

2.

In the case of an appeal of an administrative decision, the Board's final decision is deemed to be "filed in the board's office" as herein described above.

Cross reference— Defining "filed in the Board's office" in the case of an appeal of an administrative decision, Section 5-210, Decision, (N)(2).

3.

The date the final decision of the Board is "filed in the board's office" shall be considered Day Zero (0).

(Ord. No. 4789, § 2(Exh. A), 6-15-20)

After receiving a recommendation and final report from the Planning and Zoning Commission, or the Mesquite Landmark Commission, the City Council may from time to time, amend, supplement, or change the regulations herein provided ("Zoning Text Amendments"), or change the boundaries or classification of the zoning districts ("Zoning Map Amendments"), including granting Conditional Use Permits ("CUPs"), creating or amending Planned Development ("PD") Districts, Overlay Districts, and other types of districts subject to compliance with sections in 5-300 and applicable State or other applicable law.

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

Charter reference—Zoning, Article III, Sec. 27.

A.

Abbreviations and Acronyms.

1.

BOA: Board of Adjustment

2.

CO: Certificate of Occupancy

3.

CUP: Conditional Use Permit

4.

HOA: Home Owners Association

5.

H-POD: Historic Preservation Overlay District

6.

ML: Mesquite Landmark

7.

MLC: Mesquite Landmark Commission

8.

MZO: Mesquite Zoning Ordinance

9.

PAM: Pre-Application Meeting

10.

PD: Planned Development

11.

P&Z: Planning and Zoning

12.

TLGC: Texas Local Government Code

13.

ZTA: Zoning Text Amendment

B.

Definitions. See Part 6 (Definitions and Interpretation of Terms), Section 6-102 - Definitions.

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

A.

Applicability. This section applies to applications for Comprehensive Plan amendments, Zoning Text Amendments (ZTAs), Zoning Map Amendments (change of zoning classification), Conditional Use Permits (CUPs), Planned Development (PD) Districts, overlay districts, and other types of districts.

B.

Definitions. See Part 6 (Definitions and Interpretation of Terms), Section 6-102 - Definitions.

C.

Initiation. An application may be initiated by any one or more of the following:

1.

City.

a.

The City Council, the Planning and Zoning Commission, or Director.

b.

The Landmark Commission may recommend the City Council initiate an application with regard to Mesquite Landmark (ML) individual designations, and Historic Preservation Overlay District (H-POD) designations in accordance with 4-400 (Mesquite Landmarks and Historic Preservation Overlay Districts Designations and Regulations).

2.

Property owner or authorized agent.

a.

An owner of property located in the City of Mesquite, or its extra-territorial jurisdiction (ETJ) when applicable, or a person expressly authorized in writing by the property owner.

b.

For Mesquite Landmark (ML) individual designations, and Historic Preservation Overlay District (H-POD) designations see 4-400 (Mesquite Landmarks and Historic Preservation Overlay Districts Designations and Regulations).

3.

Others. Persons having no ownership interest in the land and not having the owner's consent shall not be permitted to initiate an application. Such parties may petition the Planning & Zoning Commission, in writing or by spokesperson, requesting that the Planning & Zoning Commission initiate an application in accordance with this sub-section.

a.

Non-owner request to initiate an application. If the Planning & Zoning Commission determines that the potential for adverse impacts on surrounding property and for incompatibility of development due to changed conditions is greater than at other locations where similar uses abut or are in close proximity to each other, it may initiate an application in order to afford a full hearing on the matter.

b.

Additional factors to consider. The Planning & Zoning Commission, in making its decision, may consider among other things the following additional factors. These additional factors may be considered by the Commission in making its decision to initiate a non-owner application, but these additional factors are not requirements for initiation of an application:

(1)

The time elapsed since the last zoning action on the property;

(2)

Any substantial changes in conditions in the area since the last zoning action;

(3)

The relationship of current zoning and the requested action to the City's comprehensive plan/development policies; and

(4)

Other facts and reasons presented.

c.

Consideration of Subsequent Non-owner Applications. If the Planning & Zoning Commission declines to initiate an application, no similar non-owner petition shall be considered on the subject property for a period of one (1) year in accordance with Section 5-303 (Application Procedures).

Cross references—Sub-section (L) - Consideration of Subsequent Applications prohibited for one (1) year, Section 5-303 (Application procedures).
Sub-section (M) - Exception to the one (1) year wait requirement for Subsequent Applications, Section 5-303 (Application procedures).

D.

Pre-Application Meeting (PAM).

1.

Pre-application meeting optional. Prior to the submission of an application, applicants are encouraged to schedule and attend an optional pre-application meeting with the City staff.

2.

Purpose of pre-application meeting. Pre-application meetings with City staff may be used to discuss, in general, procedures, standards, or regulations relating to the proposed application.

3.

Pre-application meeting request. If a pre-preapplication meeting is requested, the City staff may require the applicant to submit information in the form of a Pre-Application Meeting Request Form prior to the pre-application meeting to allow City staff time to review the proposal.

4.

A pre-application meeting request form is not an application. Any Pre-Application Meeting Request Form materials submitted or discussed as a part of a pre-application meeting shall not be considered an application for development or permit of any kind, but will be considered an informal request for information prior to the actual application submittal by an applicant.

5.

Scheduling the pre-application meeting. After receipt of a Pre-Application Meeting Request Form, the City staff will schedule the pre-application meeting and inform the applicant in writing of the meeting date, time, and location.

6.

Record of pre-application meeting. The City is not responsible for making or keeping a summary of the topics discussed at the pre-application meeting.

E.

Application Contents.

1.

Application form(s). All applications must be on forms provided by the Director. The Director is authorized to request all information necessary to evaluate the request in the application.

2.

Application contents. A submitted application must include all information, plans, and data as specified in the application requirements. The application must include the information listed on the relevant application checklist, as it exists or may be amended, which shall be established and maintained by the Director and published on the City's Internet website.

3.

Map/drawing. When requested, the applicant shall include with the application a planimetric map, boundary survey, or other map adequate to accurately identify and locate the subject property.

4.

Submittal waivers. If any application submittal requirement is not applicable or is inappropriate to determine the nature of the request, a submittal waiver may be requested with justification for such a waiver. The Director may waive the submittal requirements, except for fees, where the Director finds it is clearly justifiable to make such a waiver.

F.

Fees.

1.

Fee required. Unless otherwise herein authorized, each application must be accompanied by the required fee(s) as set forth in the City of Mesquite Comprehensive Fee Schedule.

2.

No fees required for City-initiated applications. There are no fee requirements if an application is submitted by any officer, department, board, or commission of the City. However, a non-owner request to the Commission to initiate an application will require a fee.

3.

Fee is required before an application is determined complete. An application shall not be considered complete unless it is accompanied by the required fee.

4.

Fee for new notification. If an applicant causes his/her application to be continued or tabled, and requires new notification, the applicant shall be charged an additional fee of 30 percent (30%) of the original application fee.

5.

Refunds. If an application is withdrawn, no fee, or portion thereof, shall be refundable after notices regarding the application have been issued or processed for issuance in accordance with Section 5-305 (Notice); however, a refund shall be issued when the applicant requests to withdraw the application due to a City staff error or other error shown to be not the fault of the applicant.

Cross reference—Sec. 12-121 Planning and zoning fees; Mesquite City Code, Appendix D - Comprehensive Fee Schedule.

G.

Submitting the Application.

1.

Submission. Submission, and completeness review, are both required prior to the City's acceptance and the official filing of an application. All applications must be submitted, in such quantity as required by the application instructions, with the Department, unless otherwise specified.

2.

Zoning submittal calendar. The Director is authorized to publish on the City's Internet website a zoning submittal calendar to be used by an applicant to facilitate compliance with the submission, review, public hearing, and approval process.

3.

Date of submission. All applications shall be considered submitted when entered on the City's online application portal before 3 p.m. on a business day during normal office hours. Applications entered on or after 3 p.m. on a business day or on Saturday, Sunday, or City holidays (or City observed holidays) shall not be considered submitted until the next business day following the date the information was entered.

Cross reference—City's on-line application portal - City of Mesquite Citizen Self Service.

H.

Completeness Review of Application.

1.

Completeness review required. Submission, and completeness review, are both required prior to the City's acceptance and the official filing of an application.

2.

Requirements of a complete application. A complete application includes, but may not be limited to:

a.

Required forms.

b.

All information, plans, and data as specified in the application requirements.

c.

The appropriate fee(s).

3.

Incomplete applications. If the application does not include all the submittal requirements for the application, the Director will reject the application and provide the applicant with the reasons for the rejection. The Director will take no further steps to process the application until all deficiencies are remedied.

4.

Completeness determination. The Director shall make his/her final determination regarding a complete or incomplete application in writing.

I.

Acceptance and Official Filing of the Application.

1.

A submitted and complete application shall be accepted and officially filed. If it is determined that a submitted application is complete, the Director shall accept the application and date stamp the application noting the date of the acceptance and official filing of the application.

2.

City shall notify applicant of the acceptance and official filing date. Upon acceptance and official filing of an application, the Director shall provide to the applicant notice of City's acceptance and official filing date of the application.

J.

Substantive Changes Made After Application is Determined Complete. After an application is determined complete, any substantive change made by the applicant to the application requires resubmittal of the entire application and a new completeness review. Such revisions do not require an additional payment of fees unless notices have been issued or processed for issuance. If the substantive changes made to the application were made after notices have been issued, or processed for issuance, and are due to a City staff error or other error not the fault of the applicant, additional payment of fees are not required. Once the application is under consideration by the appropriate body, additional information or revisions requested during review do not constitute a substantive change to the application.

K.

Withdrawal of Application. An applicant has the right to withdraw an application at any time prior to the final decision, including the ability to withdraw the application if it has been tabled or postponed by the Commission or City Council. The applicant must submit a request for withdrawal in writing. Fees shall only be refunded in accordance with this Section 5-303 F. (Fees). The Director's receipt of a written request to withdrawal the application shall officially terminate the application.

L.

Consideration of Subsequent Applications Prohibited for One (1) Year.

1.

When a matter is recommended for denial (or deemed as a recommendation for denial) by the Commission a subsequent application is prohibited for one (1) year. In the case where an application received a recommendation for denial (or was deemed as a recommendation for denial) by the Planning and Zoning Commission, and the application did not advance to the City Council for consideration, a subsequent application for substantially the same request will not be reviewed or heard prior to one (1) year from the denial unless an exception exists. See Section 5-303 M. (Exception to the one (1) year wait requirement for Subsequent Applications).

2.

When a matter is denied by the City Council a subsequent application is prohibited for one (1) year. Within one (1) year of the date of denial by the City Council, a subsequent application for substantially the same request will not be reviewed or heard unless an exception exists. See Section 5-303 M. (Exception to the one (1) year wait requirement for Subsequent Applications).

3.

New application is permissible after the one (1) year wait requirement. An application submitted after the required one (1) year wait requirement shall be processed as a new application; however, the new application shall denote the history of any prior requests and/or prior denials associated with the property.

M.

Exception to the one (1) year wait requirement for subsequent applications.

1.

Exception. A subsequent application for a previously denied request may be reviewed or heard, prior to the expiration of the one (1) year wait requirement, if the Director determines extenuating circumstances exist such that changed conditions or facts will substantially alter the review of the application.

2.

Submitting the subsequent application prior to the expiration of the one (1) year wait requirement.

a.

Any subsequent application submitted prior to the expiration of the one (1) year wait requirement shall be processed in the same manner as all other original applications, including the requirement to pay all applicable fees associated with a new application.

b.

Any subsequent application submitted prior to the expiration of the one (1) year wait requirement shall include a detailed statement of the grounds justifying its reconsideration.

3.

Completeness review of a subsequent application prior to the expiration of the one (1) year wait requirement. Submission, and completeness review, are both required prior to the City's acceptance and the official filing of any subsequent application prior to the expiration of the one (1) year wait requirement.

Cross reference— Sub-Section (H) Completeness Review of Application, Section 5-303 (Application Procedures).

4.

Acceptance and official filing of the subsequent application prior to the expiration of the one (1) year wait requirement. If it is determined that a submitted subsequent application is complete, the Director shall accept the application and date stamp the application noting the date of the acceptance and official filing of the application. Upon acceptance and official filing of any subsequent application, the Director shall provide to the applicant notice of City's acceptance and official filing date of the application.

Cross reference— Sub-Section (I) Acceptance and Official Filing of the Application, Section 5-303 (Application Procedures).

5.

Decision regarding resubmittal of a subsequent application for consideration prior to the expiration of the one (1) year wait requirement.

a.

The Director shall make a determination as to whether the subsequent application is appropriate for resubmittal to the Planning and Zoning Commission prior to the expiration of the one (1) year wait requirement.

b.

If the Director finds that there are no new grounds for consideration of the subsequent application prior to the expiration of the one (1) year wait requirement, he/she will summarily, and without hearing, deny the request for consideration of the subsequent application.

N.

Appeal of administrative decisions to Board of Adjustment. Persons aggrieved by an administrative order, requirement, decision, or determination made by a City administrative official, in the enforcement or interpretation of this Zoning Ordinance may appeal to the Board of Adjustment in accordance with Part 5, 5-200, Section 5-210 (Appeals of administrative decisions to Board of Adjustment.

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

A.

Applicability. This section applies to applications for Comprehensive Plan amendments, Zoning Text Amendments (ZTAs), Zoning Map Amendments (change of zoning classification), Conditional Use Permits (CUPs), Planned Development (PD) Districts, overlay districts, and other types of districts.

B.

Definitions. See Part 6 (Definitions and Interpretation of Terms), Section 6-102 - Definitions.

C.

Action by Director. All applications, along with the associated fees, must be submitted to the Department in accordance with Section 5-303 (Application Procedures). The Director, or his/her designee, shall take the following actions upon the City's acceptance and the official filing of the application:

1.

Upon receipt of an accepted and officially filed application the Director, or his/her designee, shall review and produce a Staff Report for presentation to the Commission and later the City Council. The Staff Report shall provide a summary of the issue(s) to be addressed, shall include staff comments, and may provide a recommendation regarding the application.

2.

The Director shall assign a case number and prepare a draft of the proposed Zoning Text Amendment (ZTA), Zoning Map Amendment (change of zoning classification), or Conditional Use Permit (CUP).

3.

The Director shall schedule the application for a public hearing, to be conducted in accordance with Section 5-306 (Public Hearing), for consideration by the Planning and Zoning Commission and later the City Council when applicable.

4.

The Director shall provide notice in accordance with Section 5-305 (Notice).

D.

Appeals of administrative decisions to Board of Adjustment. Persons aggrieved by an administrative order, requirement, decision, or determination made by a City administrative official, in the enforcement or interpretation of this Zoning Ordinance, may appeal to the Board of Adjustment in accordance with Part 5, 5-200, Section 5-210 (Appeals of administrative decisions to Board of Adjustment).

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

Notice provided by the Planning and Zoning Commission, Mesquite Landmark Commission, (collectively herein referred to as "Commission") and City Council shall be conducted in accordance with this Zoning Ordinance, State law, and any other applicable Commission, and City Council rules and regulations.

A.

Applicability.

1.

This section applies to applications for Comprehensive Plan amendments, Zoning Text Amendments (ZTAs), Zoning Map Amendments (change of zoning classification), Conditional Use Permits (CUPs), Planned Development (PD) Districts, overlay districts, and other types of districts.

2.

This section 5-305 (Notice) also applies to Mesquite Landmark (ML) Individual Designations, and Historic Preservation Overlay District (H-POD) Designations in accordance with 4-400 (Mesquite Landmarks and Historic Preservation Overlay Districts Designations and Regulations).

B.

Definitions. See Part 6 (Definitions and Interpretation of Terms), Section 6-102 - Definitions.

C.

Required Notice.

1.

Public notice pursuant to the Open Meetings Act. All public hearings, pursuant to any matter in 4-400 and 5-300 sections shall be held at public meetings of the Commission, and the City Council. The public notice for meetings shall comply with the Texas Open Meetings Act.

Cross references—MZO, Part 5, 5-400, Sec. 5-402 - General Regulations of Boards and Commissions.
Mesquite City Code, Chapter 20, General Regulations, Article III.

State Law references—V.T.C.A., Local Government Code, Chapter 211, Compliance with Open Meetings Law, § 211.0075.
V.T.C.A., Government Code, Open Meetings Act, Notice of Meeting Required, § 551.041.
V.T.C.A., Government Code, Open Meetings Act, Time and Accessibility of Notice; General Rule, § 551.043.

2.

Other required notice.The following table summarizes the City's required notice for matters contained in 5-300 sections.

Table 5-305.01

State law references—Procedures Governing Adoption of Zoning Regulations & District Boundaries, V.T.C.A. Local Government Code, § 211.006.
Zoning Commission, V.T.C.A. Local Government Code, § 211.007.

3.

Alternate notice procedures. In accordance with State law, the City Council may, by a two-thirds (2/3) vote, prescribe the type of notice to be given of the time and place of a public hearing. See TLGC § 211.006 (c); and TLGC §211.007 (d), successor and as amended.

D.

Mailed Notice.

1.

Purpose of mailing notice. The mailing of notice of a public hearing informs potentially interested parties within the proximity of the property of the date, time, and place of such public hearing and the substance of the public hearing agenda items that may be considered or reviewed.

2.

Requirement and deadline for mailing notice. When mailed notice is required under State law, the Director shall give notice of a public hearing by mailing notice not later than the days as indicated above (in Table 5-305.01) prior to the public hearing, unless otherwise provided. For calculation purposes, the date of the public hearing shall be considered Day Zero (0).

3.

Exceptions to the requirement for new mailed notice.

a.

Postponed public hearing. In the event a public hearing is postponed at the noticed hearing (prior to opening the hearing), no new mailed notice is required to conduct the hearing at a later date, provided the hearing is postponed to a date specific and a public announcement of the future date, time, and place of the postponed hearing is made during the noticed meeting and recorded in the minutes.

b.

Continued public hearing. In the event a public hearing is opened and continued to a date specific, no new mailed notice is required to continue and conduct the hearing at a later date, provided the hearing is continued to a date specific and a public announcement of the future date, time, and place of the continued hearing is made during the noticed hearing and recorded in the minutes.

4.

Format, method of mailing notice, parties, and courtesy notice.

a.

Format of mailed notice. Mailed notice may be in any format that meets the requirements of TLGC §211.007, including postcards and use of bulk rate postage provided it meets the time frames required.

b.

Method of mailing notice and parties. A mailed notice of public hearing is properly served by its deposit, properly addressed with postage paid, in the U.S. mail to the:

(1)

applicant;

(2)

owners of record of real property, as indicated by the most recently approved municipal tax roll, located within 200-feet of the subject property; and

(3)

owners of record of real property and business personal property where the proposed nonconforming use is located, as indicated by the most recently approved municipal tax roll, and each occupant/tenant of the property, when a current conforming use of property becomes a nonconforming use if the amendment is adopted; and

(4)

each school district in which the property for which the change in a Zoning Map Amendment ("change in zoning classification") is proposed is located, when the change affects residential or multifamily zoning; and

(5)

parties to an appeal (when applicable).

c.

Courtesy mailed notice. A courtesy mailed notice of public hearing may be provided as follows; however, failure to issue this courtesy mailed notice shall not invalidate the notice or any action taken by the Planning and Zoning Commission, and/or the City Council:

(1)

to the owners of record of real property, as indicated by the most recently approved municipal tax roll, located within 400-feet of the subject property; and

(2)

to the Home Owners Association (HOA) related to the subject property, if applicable.

5.

Content of mailed notice.

a.

A mailed notice of public hearing shall provide at least the following specific information:

(1)

generally describe the subject matter of the public hearing;

(2)

identify the location of the subject property;

(3)

identify the applicant;

(4)

identify the body holding the public hearing;

(5)

identify the date, time, and place of the public hearing;

(6)

reference the written protest procedures (if applicable); and

(7)

include the address, website, and telephone number of the office from which additional information may be obtained.

b.

When a current conforming use of property becomes a nonconforming use if the amendment is adopted include the following text in ALL CAPS, bold, 14-point type or larger in accordance with TLGC § 211.006 (a-1):

"THE CITY OF MESQUITE, TEXAS, IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE. PLEASE READ THIS NOTICE CAREFULLY."

6.

Sufficiency of mailed notice. The notice shall contain the correct date, time, and location of the public hearing, and a reasonable person should be able to determine the location of the property and subject matter of the application or item being taken up by the Commission and City Council. The following errors or omissions shall not invalidate the notice or public hearing:

a.

Minor typographical and grammatical errors contained in the notice; and

b.

Failure to issue a "courtesy notice" to persons located outside of the 200-foot area from the subject property.

State law references—Procedures Governing Adoption of Zoning Regulations & District Boundaries, V.T.C.A. Local Government Code, § 211.006.
Zoning Commission, V.T.C.A. Local Government Code, § 211.007.
Nonconforming Land Use, V.T.C.A. Local Government Code, § 211.019.

E.

Published Notice.

1.

Purpose of published notice. The publication of the written notice of a public hearing informs potentially interested parties of the date, time, and place of the public hearing and the substance of the public hearing agenda items that may be considered or reviewed.

2.

Requirement and deadline for publishing notice. The Director shall give notice of a public hearing by publishing written notice not later than the days as indicated above (in Table 5-305.01) prior to the public hearing, unless otherwise provided. For calculation purposes, the date of the public hearing shall be considered Day Zero (0).

3.

Method of publication. A written notice of public hearing is properly published in the official newspaper of the City or a newspaper of general circulation in the City.

4.

Exceptions to the requirement for new published notice.

a.

Postponed public hearing. In the event a public hearing is postponed at the noticed hearing (prior to opening the hearing), no new published notice is required to conduct the hearing at a later date, provided the hearing is postponed to a date specific and a public announcement of the future date, time, and place of the postponed hearing is made during the current meeting and recorded in the minutes.

b.

Continued public hearing. In the event a public hearing is opened and continued to a date specific, no new published notice is required to continue and conduct the hearing at a later date, provided the hearing is continued to a date specific and a public announcement of the future date, time, and place of the continued hearing is made during the current hearing and recorded in the minutes.

5.

Content of publication of notice. A published notice of public hearing shall provide at least the following specific information:

a.

generally describe the subject matter of the public hearing;

b.

identify the applicant;

c.

identify the location of the subject property (if applicable);

d.

identify the body holding the public hearing;

e.

identify the date, time, and place of the public hearing; and

f.

include the telephone number of the office from which additional information may be obtained.

6.

Sufficiency of published notice. The notice shall contain the correct date, time, and location of the public hearing, and a reasonable person should be able to determine the location of the property and subject matter of the application or item being taken up by the Commission and City Council. Minor typographical and grammatical errors contained in the notice shall not invalidate the notice or public hearing.

State law references—Procedures Governing Adoption of Zoning Regulations & District Boundaries, V.T.C.A. Local Government Code, § 211.006.
Zoning Commission, V.T.C.A. Local Government Code, § 211.007.

F.

Courtesy Sign Posted on the Property.

1.

Purpose of courtesy sign posted on the property. A sign posted on the property providing notice of a public hearing informs potentially interested parties of the date, time, and place of the public hearing and the substance of the public hearing agenda items that may be considered or reviewed.

2.

Procedures for the sign posted on the property. The Director, or his/her designee, may give notice of a public hearing by posting a sign on the property and should generally adhere to post the sign prior to the public hearing as indicated above (in Table 5-305.01), unless otherwise provided. For calculation purposes, the date of the public hearing shall be considered Day Zero (0).

3.

Method of posting the sign.

a.

A sign may be placed by the City on the property, which is the subject of the proposed amendment, or said sign may be placed in the right-of-way. The sign shall be visible to the public.

b.

The sign placed on the property pursuant to this paragraph may remain on the property until the day following the close of the public hearing conducted by the City Council on the proposed zoning amendment or the date the application is otherwise terminated, whichever is earlier.

c.

The submission of an application by the owner or person authorized by the owner of the property constitutes consent by the owner of said property for City employees to enter the property to place and remove the sign on the property.

d.

If the change of zoning is initiated by the City, the sign may be placed on the closest public right-of-way to the boundary of the property that is the subject of the application if the owner of the property does not otherwise consent to the placement of the sign on the property.

4.

Content of the sign posted on the property.

a.

The sign should include the following specific information:

(1)

City of Mesquite logo or other identifier;

(2)

state in bold letters that a "Proposed Zoning Change" has been requested;

(3)

include the specific Zoning Case Number;

(4)

web-page address and/or QR Code linked to a web-page; and

(5)

phone number to the Commission's office.

b.

The web-page shall include all content found in any mailed notice (Sec. 5-305.C.5.).

5.

Sufficiency of notice. The following errors or omissions shall not invalidate the notice or public hearing:

a.

Minor typographical and grammatical errors contained in the notice; and

b.

Failure to post the sign on the subject property or in the right-of-way and/or failure to post a sign by the days indicated above (in Table 5-305.01) prior to the public hearing shall not invalidate the notice or public hearing and does not require a delay of action by the Commission and/or the City Council.

State law references—Procedures Governing Adoption of Zoning Regulations & District Boundaries, V.T.C.A. Local Government Code, § 211.006.
Zoning Commission, V.T.C.A. Local Government Code, § 211.007.

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

Public hearings conducted by the Planning and Zoning Commission, Mesquite Landmark Commission, (collectively herein referred to as "Commission") and City Council shall be conducted in accordance with this Zoning Ordinance, State law, and any other applicable Commission and City Council rules and regulations.

A.

Pre-Hearing Examination. Once required notice is given, any person may examine the application and material submitted in support of or in opposition to the application during normal business hours, subject to the exceptions set forth in the Texas Public Information Act. Upon reasonable request, any person is entitled to copies of the application and related documents. A fee may be charged for such copies in accordance with the schedule of charges for producing records pursuant to the Public Information Act.

State law reference—Public Information Act, V.T.C.A. Government Code, § 552.001, et seq.

Cross references—Records - Request for copies of City records, Mesquite City Code, Sec. 1-15.
Appendix D—Comprehensive Fee Schedule, Section 1-102—Records—Fees for copies of city records containing public information.

B.

Conduct of Public Hearing.

1.

Appearances at a public hearing. A party may appear at the public hearing in person, by agent, or attorney. Applicants and/or their representatives are not required to attend the public hearing, but are encouraged to do so.

2.

Speakers. A person shall be called to speak at a public hearing in the manner provided by the chairperson, or at the appropriate time provided in the Agenda.

3.

Preliminary issues prior to opening a public hearing. Before opening a hearing, the Commission and/or City Council may decide preliminary issues raised by the parties or City staff, including, but not limited to, requests to postpone the public hearing.

4.

Process of public hearing. A public hearing on an individual application, or on a grouping of applications, should generally proceed as follows:

a.

Presentation of a report by City staff.

b.

Opportunity for comments and/or presentation by the applicant (if present).

c.

The Chair will open the public hearing.

d.

Opportunity for comments by persons supporting the application.

e.

Opportunity for comments by persons opposing the application.

f.

Opportunity for rebuttal by the applicant.

g.

The Chair may close the public hearing.

5.

Questions. A member of the Commission and City Council may ask questions of any person at any time during the hearing. With the approval of the Chair, a speaker addressing the Commission and/or City Council may ask a question of another person in attendance; however, the person shall be acknowledged by the Chair and must be at the podium prior to answering any such questions.

6.

Time limits. The Chair may limit both the applicants' and speakers' time to address the body.

7.

Postpone holding a public hearing. The Commission and/or City Council may postpone holding a public hearing prior to the opening of the public hearing. No new mailed or published notice is required to conduct the hearing at a later date, provided the hearing is postponed to a date specific and a public announcement of the future date, time, and place of the postponed hearing is made during the current meeting and recorded in the minutes.

8.

Continuing an opened public hearing. The Commission and/or City Council may continue an opened public hearing to a later date. No new mailed or published notice is required to continue and conduct the hearing at a later date, provided the hearing is continued to a date specific and a public announcement of the future date, time, and place of the continued hearing is made during the current hearing and recorded in the minutes.

9.

Closing and re-opening a public hearing. If a public hearing is opened and later in the same meeting closed and adjourned, rather than "continued" to a later date, in order to re-open the public hearing on another day, all mailed notice (including courtesy notices) must be given that would have been required for the initial public hearing.

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

A.

In General. The City Council has adopted a comprehensive plan for the long-range development of the City. The Comprehensive Plan establishes the future vision, strategies, goals, and policies for the City and serves as a guide for future development and redevelopment in Mesquite. The Comprehensive Plan is maintained by the Director and published on the City's Internet website. The Comprehensive Plan may be amended from time to time in accordance with this section and applicable State law.

B.

Purpose.

1.

Amendments to the Comprehensive Plan. The Comprehensive Plan is intended to be a living document that allows for flexibility as the priorities of the community change. Over time there are changes in political, economic, physical, technological, and social conditions that influence the development of the City, and the Comprehensive Plan should be reviewed and regularly updated. If the plan is to reflect the goals of the community and remain relevant, it must be reviewed periodically to ensure the plan elements, policies, and recommendations are still applicable. There are two types of amendments to the plan: major amendments and minor amendments.

a.

Major amendments. More significant plan revisions and updates should occur no more than every five to ten years. Major updates involve reviewing the current conditions and projected growth trends, re-evaluating the policies and recommendations of the plan (and formulating new ones as necessary), and adding to, modifying, or removing recommendations in the plan based on their implementation progress. Major amendments are usually adopted by the City Council after extensive public input and community engagement. However, major amendments may be approved by the City Council at any time in accordance with this Section 5-307 (Comprehensive Plan) when the proposed amendment is found to be in the best interest of the City.

b.

Minor amendments. Minor amendments may be proposed at any time, such as specific changes to the Future Land Use Plan related to particular development applications or public improvement projects. Minor amendments are often times made in connection with a Zoning Map Amendment ("change of zoning classification").

2.

Adoption of a new Comprehensive Plan. This Section 5-307 (Comprehensive Plan) is not applicable to the adoption of a new Comprehensive Plan by the City Council.

C.

Definitions. See Part 6 (Definitions and Interpretation of Terms), Section 6-102 - Definitions.

D.

Authority. The City Council, after receiving a recommendation from the Planning and Zoning Commission, shall take formal action on a request for a Comprehensive Plan amendment, and a concurrent Zoning Map Amendment ("change of zoning classification") or Zoning Text Amendment (ZTA) if applicable.

E.

Effect. Approval by the City Council of an application for a Comprehensive Plan amendment will amend the official Mesquite Comprehensive Plan.

F.

Application Procedures. Applicants shall submit an application for a Comprehensive Plan amendment in accordance with Section 5-303 (Application Procedures).

G.

Fees. If a Comprehensive Plan amendment is concurrently requested with any Zoning Map Amendment ("change of zoning classification") or Zoning Text Amendment (ZTA) then a separate fee is required for a Comprehensive Plan amendment.

H.

Notice. Notice shall be provided to the public regarding a request for a Comprehensive Plan amendment in accordance with the Texas Open Meetings Act.

I.

Public Hearings.

1.

Planning and Zoning Commission. A public hearing, in accordance with Section 5-306 (Public Hearing), shall be conducted by the Planning and Zoning Commission to determine a recommendation for the City Council regarding the application for a Comprehensive Plan amendment. TLGC § 213.003.

2.

City Council. The City Council shall conduct a public hearing in accordance with Section 5-306 (Public Hearing), to determine whether the request for a Comprehensive Plan amendment should be granted. TLGC § 213.003.

J.

Action by the Director. The Director, or his/her designee, shall act in accordance with Section 5-304 (Action by the Director).

K.

Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall act in accordance with Section 5-314 (Planning and Zoning Commission Action).

L.

Action by the City Council. The City Council shall act in accordance with Section 5-316 (City Council Action).

M.

Approval Standards. In making their recommendation and decision, the Planning and Zoning Commission and City Council shall consider the following approval standards when reviewing major and minor Comprehensive Plan amendments. Comprehensive Plan amendments may be approved by the City Council only following a determination that:

1.

The proposed amendment is consistent with the overall purpose and intent of the Comprehensive Plan; and

2.

That any one of the following criteria has been met:

a.

There was an error in the original Comprehensive Plan adoption; or

b.

The City Council failed to consider then-existing facts, projections, or trends that were reasonably foreseeable to exist in the future; or

c.

Events, trends, or facts after adoption of the Comprehensive Plan have changed the City Council's original findings made upon plan adoption; or

d.

Events, trends, or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary; or

e.

Any other legally sufficient standard under Texas law.

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

State law references—Compliance with Comprehensive Plan; V.T.C.A. Local Government Code, Title 7, Subtitle A, Chapter 211. Municipal Zoning Authority; Section 211.004.
V.T.C.A. Local Government Code, Title 7, Subtitle A, Chapter 213. Municipal Comprehensive Plans.

A.

In General. The zoning regulations, and administrative processes and procedures imposed by this Code ("Mesquite Zoning Ordinance" or "MZO") may be amended from time to time in accordance with this section and applicable State law.

B.

Purpose. The process, for amending the Mesquite Zoning Ordinance, is intended to allow modifications in response to omissions or errors, general updates to text, changed conditions, changes in land use policy, or changes in zoning regulations. Zoning Text Amendments (ZTAs) are not intended to relieve particular hardships or confer special privileges or rights upon any person or party. Zoning text amendments are intended to implement the goals and objectives of the City's Comprehensive Plan, but may be accompanied by specific amendments to the provisions of the Comprehensive Plan.

C.

Definitions. See Part 6 (Definitions and Interpretation of Terms), Section 6-102 - Definitions.

D.

Authority. The City Council, after receiving a recommendation and final report from the Planning and Zoning Commission, shall take formal action on requests for Zoning Text Amendments, and a concurrent Comprehensive Plan amendment if applicable.

E.

Effect. Approval, by the City Council, of an application for a Zoning Text Amendment will amend the text of the Mesquite City Code, Appendix C - Mesquite Zoning Ordinance.

F.

Application Procedures. Applicants shall submit an application for a Zoning Text Amendment in accordance with Section 5-303 (Application Procedures).

G.

Notice. Notice shall be provided to the public regarding a request for a Zoning Text Amendment in accordance with Section 5-305 (Notice). TLGC § 211.006 and § 211.007.

H.

Public Hearings.

1.

Planning and Zoning Commission. A public hearing, in accordance with Section 5-306 (Public Hearing), shall be conducted by the Planning and Zoning Commission to determine a recommendation for the City Council regarding the application for a Zoning Text Amendment. TLGC § 211.007.

2.

Landmark Commission. A public hearing, in accordance with Section 5-306 (Public Hearing), shall be conducted by the Landmark Commission to determine a recommendation for the City Council regarding the application for a Zoning Text Amendment regarding Mesquite Landmark (ML) individual designations, and Historic Preservation Overlay District (H-POD) designations.

Cross reference—MZO, Part 4, 4-400 (Mesquite Landmarks and Historic Preservation Overlay Districts Designations and Regulations).

3.

City Council. The City Council shall conduct a public hearing in accordance with Section 5-306 (Public Hearing), to determine whether the request for a Zoning Text Amendment should be granted. TLGC § 211.006.

I.

Action by the Director. The Director, or his/her designee, shall act in accordance with Section 5-304 (Action by the Director).

J.

Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall act in accordance with Section 5-314 (Planning and Zoning Commission Action).

K.

Action by the Landmark Commission. See Section 5-315 (Landmark Commission Action).

L.

Action by the City Council. The City Council shall act in accordance with Section 5-316 (City Council Action).

M.

Approval Standards for Zoning Text Amendments. In making their recommendation and decision, the Planning and Zoning Commission and City Council shall consider the following standards. The approval of Zoning Text Amendments should be based on a balancing of these standards.

1.

The extent to which the proposed amendment promotes the public health, safety, and welfare.

2.

The consistency of the proposed amendment with the Comprehensive Plan.

3.

The consistency of the proposed amendment with any adopted land use policies.

4.

The consistency of the proposed amendment with the intent of this Code.

5.

Whether the proposed amendment corrects an error or omission, updates administrative processes and procedures, adds clarification to existing requirements, or reflects a change in policy.

6.

The extent to which the proposed amendment creates nonconformities.

7.

Any other legally sufficient standard under Texas law.

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

Charter reference—Zoning, Article III, Sec. 27.

State law references—Procedures Governing Adoption of Zoning Regulations & District Boundaries, V.T.C.A. Local Government Code, § 211.006.
Zoning Commission, V.T.C.A. Local Government Code, § 211.007.

A.

In General. The official "Zoning Map of the City of Mesquite, Texas" ("official Zoning Map" or "Zoning Map") may be amended from time to time in accordance with this section and applicable State law. The City's official Zoning Map is in electronic format and may be found on the City's Internet web-site.

Cross references—MZO, Part 1, 1-200, 1-202 Districts established.
MZO, Part 1, 1-200, 1-203 Boundaries of districts.

B.

Purpose. The process, for amending the official Zoning Map, is intended to allow zoning map amendments ("change of zoning classification"), including changes made to zoning districts, boundaries for zoning districts, re-zoning, and zoning classifications for any property. Zoning map amendments are intended to implement the goals and objectives of the City's Comprehensive Plan, but may be accompanied by specific amendments to the provisions of the Comprehensive Plan.

C.

Definitions. See Part 6 (Definitions and Interpretation of Terms), Section 6-102 - Definitions.

D.

Authority. Changes in zoning classifications (zoning map amendments) must be adopted in accordance with the Comprehensive Plan. The City Council, after receiving a recommendation and final report from the Planning and Zoning Commission, shall take formal action on a request for a Zoning Map Amendment ("change of zoning classification"), and a concurrent Comprehensive Plan amendment if applicable.

Cross reference—MZO, Part 5, 5-300, 5-307 Comprehensive Plan.

E.

Effect. Approval, by the City Council, of an application for a Zoning Map Amendment ("change of zoning classification") will amend the official Zoning Map.

F.

Application Procedures. Applicants shall submit an application for a Zoning Map Amendment ("change of zoning classification") in accordance with Section 5-303 (Application Procedures).

G.

Notice. Notice shall be provided to the public regarding a request for a Zoning Map Amendment ("change of zoning classification") in accordance with Section 5-305 (Notice). TLGC § 211.006 and § 211.007.

H.

Public Hearings.

1.

Planning and Zoning Commission. A public hearing, in accordance with Section 5-306 (Public Hearing), shall be conducted by the Planning and Zoning Commission to determine a recommendation for the City Council regarding the application for a Zoning Map Amendment ("change of zoning classification"). TLGC § 211.007.

2.

Landmark Commission. A public hearing, in accordance with Section 5-306 (Public Hearing), shall be conducted by the Landmark Commission to determine a recommendation for the City Council regarding the application for a Zoning Text Amendment regarding Mesquite Landmark (ML) individual designations, and Historic Preservation Overlay District (H-POD) designations.

Cross reference—MZO, Part 4, 4-400 (Mesquite Landmarks and Historic Preservation Overlay Districts Designations and Regulations).

3.

City Council. The City Council shall conduct a public hearing in accordance with Section 5-306 (Public Hearing), to determine whether the request for a Zoning Map Amendment ("change of zoning classification") should be granted. TLGC § 211.007.

I.

Action by the Director. The Director, or his/her designee, shall act in accordance with Section 5-304 (Action by the Director).

J.

Protest procedures. Any person protesting the Zoning Map Amendment change shall do so in accordance with Section 5-313 (Protest Procedures).

K.

Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall act in accordance with Section 5-314 (Planning and Zoning Commission Action).

L.

Action by the Landmark Commission. See Section 5-315 (Landmark Commission Action).

M.

Action by the City Council. The City Council shall act in accordance with Section 5-316 (City Council Action).

N.

Approval Standards for Zoning Map Amendments ("Change of Zoning Classification"). In making their recommendation and decision, the Planning and Zoning Commission and City Council shall consider the following standards. The approval of a Zoning Map Amendment ("change of zoning classification") should be based on a balancing of these standards.

1.

The extent to which the proposed amendment promotes the public health, safety, and welfare and will benefit the City as a whole.

2.

The consistency of the proposed amendment with the Comprehensive Plan and any other adopted land use policies.

3.

The extent to which the proposed amendment will support and further the City Council's strategic goals.

4.

The extent to which the proposed amendment creates nonconformities.

5.

The compatibility with the existing and conforming use and zoning of nearby property.

6.

The trend of development, if any, in the general area of the property in question.

7.

The suitability of the property for the purposes for which it is presently zoned, i.e., the feasibility of developing the property in question for one or more of the uses currently allowed under the existing zoning classification.

8.

Whether adequate public facilities are available including, but not limited to, schools, parks, police and fire protection, roads, sanitary sewers, storm sewers, and water lines, or are reasonably capable of being provided prior to the development of the uses which would be permitted on the subject property if the amendment were adopted.

9.

Any other legally sufficient standard under Texas law.

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

Charter reference—Zoning, Article III, Sec. 27.

State law references—Procedures Governing Adoption of Zoning Regulations & District Boundaries, V.T.C.A. Local Government Code, § 211.006.
Zoning Commission, V.T.C.A. Local Government Code, § 211.007.

A.

In General. For purposes of these 5-300 sections, approval or amendment of a Conditional Use Permit ("CUP") constitutes a Zoning Map Amendment ("change of zoning classification") and requires compliance with the following procedures in this section and applicable State law.

B.

Purpose. The process for granting a Conditional Use Permit is intended to identify and allow those uses which might be appropriate within a zoning district, but due to either their locational, functional, or operational nature, could have a potentially negative impact upon surrounding properties or upon the City as a whole, and to provide a procedure whereby such uses might be permitted, where appropriate, by further restricting or conditioning them so as to eliminate the probable and potential negative impacts. CUPs are intended to implement the goals and objectives of the City's Comprehensive Plan, but may be accompanied by specific amendments to the provisions of the Comprehensive Plan.

C.

Definitions. See Part 6 (Definitions and Interpretation of Terms), Section 6-102 - Definitions.

D.

Authority. The City Council, after receiving a recommendation and final report from the Planning and Zoning Commission, shall take action on a request for a Conditional Use Permit, and a concurrent Comprehensive Plan amendment if applicable.

E.

Effect and Suffix Designation. Approval of an application by the City Council for a Conditional Use Permit will amend the official Zoning Map. Each Conditional Use Permit shall be designated on the City's official Zoning Map and other official documents by combining the designation of its base zoning district with the suffix " - CUP." For example, a Conditional Use Permit issued with a base zoning district of Agriculture would be identified as "AG - CUP" on the Zoning Map.

F.

Variances.

1.

Conditions may be imposed upon the use, but no variance shall be requested and granted to provide relief for any CUP application.

2.

Conditions imposed on a Conditional Use Permit by the City Council shall not be waived or varied by the Board of Adjustment, but requests to deviate from the typical development standards associated with the current zoning requirements of the base zoning district (i.e., a variance) may be allowed through a separate application.

G.

Application procedures. Applicants shall submit an application for a Conditional Use Permit in accordance with Section 5-303 (Application procedures).

H.

Notice. Notice shall be provided to the public regarding a request for a Conditional Use Permit in accordance with Section 5-305 (Notice) for Zoning Map Amendments. TLGC § 211.006 and § 211.007.

I.

Public Hearings.

1.

Planning and Zoning Commission. A public hearing, in accordance with Section 5-306 (Public Hearing), shall be conducted by the Planning and Zoning Commission to determine a recommendation for the City Council regarding the application for a Conditional Use Permit. TLGC § 211.007.

2.

City Council. The City Council shall conduct a public hearing in accordance with Section 5-306 (Public Hearing), to determine whether the request for a Conditional Use Permit should be granted. TLGC § 211.007.

J.

Action by the Director. The Director or his/her designee shall act in accordance with Section 5-304 (Action by the Director).

K.

Protest Procedures. Any person protesting the issuance of a Conditional Use Permit shall do so in accordance with Section 5-313 (Protest Procedures).

L.

Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall act in accordance with Section 5-314 (Planning and Zoning Commission Action).

M.

Action by the City Council. The City Council shall act in accordance with Section 5-316 (City Council Action).

N.

Approval Standards for Issuance of Conditional Use Permits. In making their recommendation and decision, the Planning and Zoning Commission and City Council shall consider the following standards. The approval or amendment of a Conditional Use Permit ("CUP") should be based on a balancing of these standards.

1.

The extent to which the proposed CUP promotes the public health, safety, and welfare and will benefit the City as a whole.

2.

The consistency of the proposed CUP with the Comprehensive Plan and any other adopted land use policies.

3.

The extent to which the proposed CUP will support and further the City Council's strategic goals.

4.

The extent to which the proposed CUP creates nonconformities.

5.

The compatibility with the existing use and zoning of nearby property such that the proposed CUP will not be injurious to the use and enjoyment of other property in the immediate area for purposes already permitted, nor substantially diminish property values within the immediate vicinity.

6.

The trend of development, if any, in the general area of the property in question.

7.

Whether adequate public facilities are available including, but not limited to, schools, parks, police and fire protection, roads, sanitary sewers, storm sewers, and water lines, or are reasonably capable of being provided prior to the development of the uses which would be permitted on the subject property if the CUP were adopted.

8.

The extent to which adequate measures have been or will be taken to provide sufficient off-street parking and loading spaces to serve the proposed conditional uses.

9.

Whether adequate measures have been or will be taken to prevent or control offensive lights, odor, fumes, dust, noise, and vibration so that none of these will constitute a nuisance and/or violate the Mesquite City Code, including the MZO.

10.

Any other legally sufficient standard under Texas law.

Cross reference—MZO, Part 1, 1-200, 1-202 Districts established.

State law references—Procedures Governing Adoption of Zoning Regulations & District Boundaries, V.T.C.A. Local Government Code, § 211.006.
Zoning Commission, V.T.C.A. Local Government Code, § 211.007.

O.

Conditions and other limitations on a CUP. The City Council may stipulate conditions and other limitations on the approval of the Conditional Use Permit in the interest of public welfare and to assure that the intent of this ordinance is carried out.

1.

Conditions. The approval of a Conditional Use Permit may incorporate conditions on the operation, location, arrangement, or construction of a Conditional Use Permit in order to assure the protection of adjacent properties and uses in the vicinity and to safeguard the welfare of the citizenry as a whole as it may be affected by the use.

2.

Transferability.

a.

General rule - CUPs run with the land and are transferable. A Conditional Use Permit generally runs with the land and shall be transferable between owners and businesses, unless otherwise specified.

b.

Exception.

(1)

CUP may be designated as non-transferable. The City Council may specify in its approval that the Conditional Use Permit is approved solely for the business represented by the applicant and that the Conditional Use Permit shall not be transferable to a different person or business.

(2)

Required findings. The City Council must find that a use or uses defined and permitted under a Conditional Use Permit are sufficiently unusual in character or operation as to create the potential for variations in function or operation with possible negative impacts upon adjacent properties or on the citizenry as a whole.

3.

Time period limits on the CUP.

a.

General rule - CUPs have no time limits and do not expire. A Conditional Use Permit generally has no time limits and will not expire, unless otherwise specified.

b.

Exception.

(1)

CUP may be limited to a certain time period. A time limit may be imposed as a condition of the approval of a Conditional Use Permit when the City Council determines that one of the following circumstances exists:

(a)

The use is presented by the applicant as a temporary or interim use, or the use due to its nature and operation may be considered temporary or interim so that removal of the use is reasonably to be expected after a period of time. Temporary or interim use may be indicated by leasing of land or building space, by minimal construction of property improvements, or by the lack of construction customized for the specific use.

(b)

The use is consistent with current uses in the area and on adjoining property; however, anticipated future changes in the area would cause the requested use to become incompatible after a period of time.

P.

Automatic Expiration and Termination of a CUP. All approved Conditional Use Permits, regardless of the date of issuance, shall automatically expire and all rights thereunder are terminated if one or more of the conditions set out below occur:

1.

Expiration of a non-transferable CUP.

a.

Approval of a non-transferable Conditional Use Permit issued solely for the business represented by the applicant shall automatically expire and be terminated on the day the applicant sells or transfers its interest in the business or property that is the subject of the CUP. The official Zoning Map will be automatically revised to reflect the expiration of the CUP.

b.

A different business applicant desiring to continue a non-transferable Conditional Use Permit shall submit an application requesting the City Council consider issuing a new Conditional Use Permit. Such applications shall require the same procedures and fees outlined in Section 5-303 (Application Procedures) for initial approval of a new Conditional Use Permit. Unless a new CUP is issued, the official Zoning Map will be automatically revised to reflect the expiration of the CUP.

2.

Expiration of a CUP approved with time period limits. Approval of the Conditional Use Permit with time period limitations imposed shall automatically expire and be terminated on the day the CUP was set to expire. Unless the CUP is continued, the official Zoning Map will be automatically revised to reflect the expiration of the CUP.

3.

Expiration of a CUP due to a failure to implement the use(s). Approval of a Conditional Use Permit shall expire due to a failure to implement the use(s) in accordance with Mesquite City Code, Chapter 1, Sec. 1-17 (Permit applications). The official Zoning Map will be automatically revised to reflect the expiration of the CUP.

4.

Expiration of a CUP due to discontinuance or abandonment of the use(s). Approval of the Conditional Use Permit shall automatically expire and be terminated if the use is abandoned or is discontinued for a period of one hundred eighty (180) continuous days or more. The official Zoning Map will be automatically revised to reflect the expiration of the CUP.

Q.

Extension of CUP time period limits.

1.

Request for extension of CUP approved time period. A person may apply in writing to the Director to request an extension of the CUP approved time period at any time prior to expiration date of the CUP.

2.

Application to continue approved CUP with time limits. Such applications shall require the same procedures and fees outlined in Section 5-303 (Application Procedures) for initial approval of a new Conditional Use Permit.

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

Cross references—Certificate of Occupancy, Mesquite Zoning Ordinance, Part 5, 5-100, Sec. 5-106.
Sec. 12-121 Planning and zoning fees; Mesquite City Code, Appendix D - Comprehensive Fee Schedule.

A.

In General. Approval or amendment of a Planned Development ("PD") District constitutes a Zoning Map Amendment ("change of zoning classification") and requires compliance with the following procedures in this section and applicable State law.

B.

Purpose. The process for approving or amending a Planned Development (PD) District is intended to provide flexibility to traditional zoning requirements. Approval of a PD District may include a combination of uses that are not otherwise attainable under conventional base zoning districts. PDs are intended to implement the goals and objectives of the City's Comprehensive Plan, but may be accompanied by specific amendments to the provisions of the Comprehensive Plan. PDs may include uses, regulations, and other requirements that vary from the base zoning districts contained within the Mesquite Zoning Ordinance (MZO), or from other ordinances, rules, or regulations of the City.

C.

Definitions. See Part 6 (Definitions and Interpretation of Terms), Section 6-102 - Definitions.

D.

Authority. The City Council, after receiving a recommendation and final report from the Planning and Zoning Commission, shall take formal action on a request for a Planned Development (PD) District, and a concurrent Comprehensive Plan amendment if applicable.

E.

Effect and Prefix Designation. Approval of an application by the City Council for a Planned Development District will amend the official Zoning Map. Each Planned Development District shall be designated on the City's official Zoning Map and other official documents by combining the designation of its base zoning district with the prefix "PD -." For example, a Planned Development issued with a base zoning district of Light Commercial would be identified as "PD - LC" on the Zoning Map.

F.

Application Procedures. Applicants shall submit an application for a PD District in accordance with Section 5-303 (Application procedures).

G.

Additional Application Requirements for PD Districts.

1.

Proposed uses. An application for a PD district shall specify and the PD ordinance shall incorporate the category or type of use or the combination of uses which are to be permitted in the PD district. Uses may be specified by reference to a specific zoning district, in which case all uses permitted in the referenced district, including those permitted through the cumulative provision of the zoning ordinance, shall be permitted in the PD district. Uses requiring a Conditional Use Permit under the referenced district shall require a Conditional Use Permit under the PD district unless such use is specifically set out as permitted in the PD ordinance.

2.

Development requirements. An application for a PD district shall specify and the PD ordinance shall incorporate the development requirements and standards which are to be required in the PD district. Development requirements and standards may include, but are not limited to, density, lot size, unit size, setbacks, building heights, lot coverage, parking ratios, screening and other requirements or standards as the council may deem appropriate. Development requirements and standards may be specified by reference to a specific zoning district, in which case all requirements and standards in the referenced district shall be applicable. The applicant or the city may propose varied or different standards that improve development design or enable a unique development type not otherwise accommodated in the Zoning Ordinance.

3.

Concept plan. An application for a PD District may include a concept plan showing a preliminary layout of proposed uses, access, buildings, parking, open space, and the relationship to existing natural features and to adjacent properties and uses. The concept plan shall be construed as an illustration of the development concepts and not as an exact representation of all specific details.

H.

Notice. Notice shall be provided to the public regarding a request for a PD District in accordance with Section 5-305 (Notice) for Zoning Map Amendments. TLGC § 211.006 and § 211.007.

I.

Public Hearings.

1.

Planning and Zoning Commission. A public hearing, in accordance with Section 5-306 (Public Hearing), shall be conducted by the Planning and Zoning Commission to determine a recommendation for the City Council regarding the application for a PD District. TLGC § 211.007.

2.

City Council. The City Council shall conduct a public hearing in accordance with Section 5-306 (Public Hearing), to determine whether the request for a PD District should be granted. TLGC § 211.007.

J.

Action by the Director. The Director, or his/her designee, shall act in accordance with Section 5-304 (Action by the Director).

K.

Protest Procedures. Any person protesting the creation, or amendment, of a PD District shall do so in accordance with Section 5-313 (Protest Procedures).

L.

Action by the Planning and Zoning Commission. The Planning and Zoning Commission shall act in accordance with Section 5-314 (Planning and Zoning Commission Action).

M.

Action by the City Council. The City Council shall act in accordance with Section 5-316 (City Council Action).

N.

Approval Standards for creation or amendment of a PD District. In making their recommendation and decision, the Planning and Zoning Commission and City Council shall consider the following standards. The approval or amendment of a Planned Development (PD) District should be based on a balancing of these standards.

1.

The extent to which the proposed amendment promotes the public health, safety, and welfare and will benefit the City as a whole.

2.

The consistency of the proposed amendment with the Comprehensive Plan and any other adopted land use policies.

3.

The extent to which the proposed PD District will support and further the City Council's strategic goals.

4.

The extent to which the proposed amendment creates nonconformities.

5.

The compatibility with the existing use and zoning of nearby property.

6.

The trend of development, if any, in the general area of the property in question.

7.

The suitability of the property for the purposes for which it is presently zoned, i.e., the feasibility of developing the property in question for one or more of the uses currently allowed under the existing zoning classification.

8.

Whether adequate public facilities are available including, but not limited to, schools, parks, police and fire protection, roads, sanitary sewers, storm sewers, and water lines, or are reasonably capable of being provided prior to the development of the uses which would be permitted on the subject property if the amendment were adopted.

9.

Whether the proposed PD District provides a greater level of public benefits than would otherwise be achieved if the property were developed under a standard zoning district.

10.

The degree to which the proposed PD District incorporates a creative site design to achieve the purposes of this Code, and represents an improvement in quality over what is possible through a strict application of the otherwise applicable zoning district or development standards.

11.

Any other legally sufficient standard under Texas law.

O.

Conditions and Other Limitations on a PD District. The City Council may stipulate conditions and other limitations on the approval or amendment of a PD District in the interest of public welfare and to assure that the intent of this ordinance is carried out.

P.

PD Site Plan. Approval of a Planned Development site plan ("PD site plan") pursuant to Part 5, 5-100, Section 5-107 (Site Plan) shall be a prerequisite to the issuance of building permits for any property in a PD district. The PD site plan shall be in compliance with and reflect the conditions and stipulations of the PD ordinance.

Q.

PD Site Plan - Compliance with Approvals.

1.

Requirements and standards specified. The PD site plan must comply with all provisions of the PD ordinance relating to permitted uses and to development requirements and standards, and must substantially reflect the precepts and layout set forth in the concept plan.

2.

Requirements and standards not specified. If a PD ordinance does not specify development requirements and standards, the PD site plan shall propose and specify such requirements and standards based on the requirements and standards set out in the most similar zoning district, i.e., the most similar or comparable density, lot size and/or use type. If more than one district appears to be similar, the following district requirements and standards shall be utilized:

a.

Single family residential uses shall utilize the R-2A district;

b.

Multifamily residential uses shall utilize the A-2 district; and

c.

Non-residential uses shall utilize the Light Commercial district.

R.

PD Site Plan - Review Process. The PD site plan review and approval procedures shall follow the site plan review process pursuant to Part 5, 5-100, Section 5-107 (Site Plan).

S.

PD Site Plan - Requirements for Submittal. The requirements for a PD site plan submittal shall follow the requirements for site plans pursuant to Part 5, 5-100, Section 5-107 (Site Plan).

T.

PD Site Plan - Application Fee. See Appendix D - Comprehensive Fee Schedule; Article XII; Section 12-121 (Planning and zoning fees).

U.

PD Site Plan - Administrative Action. Upon final approval of a PD site plan application(s) may be made for the permits and certificates necessary for construction. Subsequent to such approval, minor modifications or amendments to the PD site plan may be approved as provided in this subsection.

1.

The Director may determine that a modification to a previously approved PD site plan is exempt from further review as an amendment or as a new PD zoning application, provided the following criteria are met:

a.

The change is necessary because of natural features of the site that were not foreseen by the applicant or the City prior to approval of the PD site plan; and

b.

The change will not have the effect of significantly reducing any area of landscaping, open space, natural area or parking; and

c.

The change will not have the effect of increasing the residential density of the development; and

d.

The change, including all cumulative additions or expansions, will not increase the gross floor area of any non-residential structure by more than twenty (20) percent; and

e.

The change will not result in any structure or circulation being moved significantly in any direction; and

f.

The change will not reduce any approved setback or increase the height of any structure by more than ten (10) percent; and

g.

The change will not have the effect of altering the type or maximum size of signage, reducing amenities or connectivity, or reducing the quality of materials to be used in construction; and

h.

The change does not result in any significant adverse impacts beyond the site.

2.

The Director may determine that an amendment to a previously approved PD site plan is exempt from further review as a new PD zoning application, if the following criteria are met:

a.

The amendment maintains the design intent or purpose of the PD ordinance; and

b.

The amendment maintains the quality of design or product established by the PD ordinance; and

c.

The amendment is not materially detrimental to uses or property in the immediate vicinity of the proposed change.

V.

PD Site Plan - Expiration of Dormant Projects. See Part 5, 5-100, Section 5-107 (Site Plan).

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

Charter reference—Zoning, Article III, Sec. 27.

Cross references—MZO, Part 1, 1-200, 1-202 Districts established.
MZO, Part 5, 5-300, 5-309 Zoning Map Amendment.
MZO, Part 4 - PD and Overlay Districts.

State law references—Procedures Governing Adoption of Zoning Regulations & District Boundaries, V.T.C.A. Local Government Code, § 211.006.
Zoning Commission, V.T.C.A. Local Government Code, § 211.007.

A.

In General.

1.

Approval or amendment of an Overlay District, Neighborhood Conservation District, Urban Design District, Form-based District, or any other type of zoning district (collectively referred to as "Overlay Districts and other districts") constitutes a Zoning Map Amendment ("change of zoning classification") and requires compliance with said procedures in Section 5-309 (Zoning Map Amendment) unless otherwise provided.

2.

Approval or amendment of a Historic Preservation Overlay District, or Mesquite Landmark constitutes a Zoning Map Amendment ("change of zoning classification) and requires compliance with MZO, Part 4, 4-400 - Mesquite Landmarks (Ml) and Historic Preservation Overlay Districts (H-Pod) Designations and Regulations.

B.

Purpose. Zoning map amendments are intended to implement the goals and objectives of the City's Comprehensive Plan, but may be accompanied by specific amendments to the provisions of the Comprehensive Plan. Approval or amendment of an overlay district or other district may include uses, regulations, and other requirements that vary from the base zoning districts contained within the Mesquite Zoning Ordinance (MZO), or from other ordinances, rules, or regulations of the City.

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

Charter reference—Zoning, Article III, Sec. 27.

Cross references—MZO, Part 1, 1-200, 1-202 Districts established.
MZO, Part 5, 5-300, 5-309 Zoning Map Amendment.
MZO, Part 4 - PD and Overlay Districts.
MZO, Part 4, 4-400 - Mesquite Landmarks (Ml) and Historic Preservation Overlay Districts (H-Pod) Designations and Regulations.

State law references—Procedures Governing Adoption of Zoning Regulations & District Boundaries, V.T.C.A. Local Government Code, § 211.006.
Zoning Commission, V.T.C.A. Local Government Code, § 211.007.

A.

In General. Persons may protest any zoning map amendment ("change in zoning classification"), zoning text amendment, or Conditional Use Permit (CUP) in accordance with this section.

B.

Definitions. See Part 6 (Definitions and Interpretation of Terms), Section 6-102 - Definitions.

C.

Protests.

1.

Written submissions. Written protests must be submitted to the Commission's office in accordance with the instructions provided in any mailed notice (Sec. 5-305.D.5).

2.

Supermajority vote required by the City Council in certain cases. If sufficient protest as calculated below is submitted, the proposed change must receive the affirmative vote of at least three-fourths ( ¾ ) of all members of the City Council to be approved.

3.

Calculation of protests.

a.

The protest must be signed by the owners of at least:

(1)

twenty percent (20%) of the area of the lots or land covered by the proposed change; or

(2)

twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed change (i.e. the subject area) and extending two hundred (200) feet from that subject area.

b.

The area of streets and alleys shall be included in this calculation, and unincorporated areas are excluded from this calculation.

4.

Protests should be by owners of property. A protest of a proposed zoning change must be in writing and must be signed by the owner of the property in question or by a person authorized by power of attorney to act on behalf of the owner. For specific ownership types, the following shall apply:

a.

Corporations. The protest must be signed by the president, vice president, or by an attorney in-fact authorized to sign on behalf of the corporation.

b.

General or Limited Partnerships. The protest must be signed by a general partner or by an attorney-in-fact authorized to sign on behalf of the general or limited partnership.

c.

Community Property. The City shall presume the written protest of one spouse to be the protest of both, unless otherwise specified.

d.

Condominiums. Lots or land subject to a condominium declaration are presumed to be commonly owned in undivided interests by the owners of all condominium units and under the control of the governing body of the condominium. For such lots or land to be included in calculating the lots or land area protesting a proposed rezoning, the written protest must state that the governing body of the condominium has authorized a written protest in accordance with its bylaws, and that the person signing the protest is authorized to act on behalf of the governing body of the condominium.

5.

Presumption of Validity. In all cases where a protest is properly signed pursuant to this section, the City shall presume that the persons whose signatures appear on the protest are valid.

6.

Withdrawal of Protest. A withdrawal of a protest must be in writing. In the event that multiple protests and withdrawals are filed on behalf of the same owner, the instrument with the latest date and time of execution controls.

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

State law reference—Procedures Governing Adoption of Zoning Regulations & District Boundaries, V.T.C.A. Local Government Code, § 211.006.

A.

Applicability. This section applies to applications for Comprehensive Plan amendments, Zoning Text Amendments (ZTAs), Zoning Map Amendments (change of zoning classification), Conditional Use Permits (CUPs), Planned Development (PD) Districts, overlay districts, and other types of districts.

B.

Public Hearing and Consideration of the Application. After receipt of an accepted and official filed application and Staff Report from the Director, the Commission shall hold a public hearing, at a public meeting, in accordance with Section 5-306 (Public Hearing) and consider the application.

C.

Actions. The Commission must evaluate the application based upon the written materials and any information presented at the public hearing, and pursuant to the approval standards shall recommend any of the following actions:

1.

recommendation of approval;

2.

recommendation of approval with modifications;

3.

recommendation of denial of the application; or

4.

The Commission may also, including but not limited to:

a.

Postpone holding the public hearing and consideration of the application to a later date; or

b.

Continue an opened public hearing and consideration of the application to a later date.

D.

Votes Required to Act.

1.

General rule - Simple majority. The affirmative vote of a simple majority of the Commission present and voting shall be required to make a recommendation, or to approve any item when applicable.

2.

Tie votes. In the event of a tie vote the matter is deemed as a recommendation for denial, or deemed denied when applicable.

E.

Recommendation and Final Report. The Commission shall submit its recommendation and final report to the City Council prior to any action by the City Council on the application.

F.

Application Does Not Advance to the City Council When the Commission Recommends denial Unless Requested by the Applicant. When the recommendation of the Commission is for denial of the application, it shall be presumed that the applicant declines a hearing before the City Council unless a written request is made to the City Secretary, requesting a Council hearing.

G.

Resubmission of a Subsequent Application. A subsequent application may only be considered in accordance with Section 5-303 (Application Procedures), sub-section (L) (Consideration of Subsequent Applications prohibited for one (1) year); and sub-section (M) (Exception to the one (1) year wait requirement for Subsequent Applications).

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

Cross references—Specific Voting requirements for Mesquite Landmarks and Historic Preservation Overlay Districts Designations; MZO 4-400.
Sec. 12-121 Planning and zoning fees; Mesquite City Code, Appendix D - Comprehensive Fee Schedule.

State law reference—Zoning Commission, V.T.C.A. Local Government Code, § 211.007.

The provisions for Mesquite Landmark Commission action may be found in MZO 4-400 (Mesquite Landmarks and Historic Preservation Overlay Districts Designations and Regulations) with regard to Mesquite Landmark (ML) individual designations, and Historic Preservation Overlay District (H-POD) designations.

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

A.

Applicability. This section applies to applications for Comprehensive Plan amendments, Zoning Text Amendments (ZTAs), Zoning Map Amendments (change of zoning classification), Conditional Use Permits (CUPs), Planned Development (PD) Districts, overlay districts, and other types of districts.

B.

Public hearing and consideration of the application. After receipt of a recommendation and final report from the Commission the City Council shall hold a public hearing, at a public meeting, in accordance with Section 5-306 (Public Hearing) and consider the application.

C.

Actions. The City Council must evaluate the application based upon the written materials and any information presented at the public hearing, and pursuant to the approval standards may take any of the following actions:

1.

Approval; or

2.

Approval with modifications; or

3.

Denial; or

4.

The City Council may also, including but not limited to:

a.

Remand any case back to the Commission for further review; or

b.

Postpone holding the public hearing and consideration of the application to a later date; or

c.

Continue an opened public hearing and consideration of the application to a later date.

D.

Votes required to act.

1.

General rule - Simple majority. The affirmative vote of a simple majority of the City Council present and voting shall be required to approve any amendments.

2.

Exception - Super Majority. The affirmative vote of at least three-fourths (¾) of all members of the City Council shall be required to approve Zoning Map Amendments (including CUPs, PDs, overlay districts, and other types of districts) when the proposed change is protested, as provided by State law, by the owners of at least:

a.

twenty percent (20%) of the area of the lots or land covered by the proposed change; or

b.

twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed change (i.e. the subject area) and extending two hundred (200) feet from that subject area.

3.

Tie votes. In the event of a tie vote the matter is deemed denied.

E.

Resubmission of a subsequent application. A subsequent application may only be considered in accordance with Section 5-303 (Application Procedures), sub-section (L) (Consideration of Subsequent Applications prohibited for one (1) year); and sub-section (M) (Exception to the one (1) year wait requirement for Subsequent Applications).

(Ord. No. 5153, § 2(Exh. C), 1-21-25)

Cross reference—Sec. 12-121 Planning and zoning fees; Mesquite City Code, Appendix D - Comprehensive Fee Schedule.

State law references—Procedures Governing Adoption of Zoning Regulations & District Boundaries, V.T.C.A. Local Government Code, § 211.006.
Zoning Commission, V.T.C.A. Local Government Code, § 211.007.

In the case of a conflict between this Chart and the ordinance language, the ordinance language shall prevail.

(Ord. No. 4738, § 5(Exh. C), 11-4-19; Ord. No. 5061, § 2(Exh. A), 9-5-23; Ord. No. 5083, § 2(Exh. A), 11-20-23; Ord. No. 5153, § 2(Exh. A), 1-21-25)

The following articles and divisions, or successor and as amended, in Mesquite City Code, Chapter 20 - Boards, Commissions, and Committees, is hereby adopted by reference as if set out word for word:

ARTICLE I - IN GENERAL

ARTICLE II - ELIGIBILITY AND APPOINTMENT PROCESS

ARTICLE III - GENERAL REGULATIONS

Division 1. - Regulations applicable to all Boards, Commissions, and Committees

Division 2. - Regulations applicable only to Quasi-Judicial Bodies

Division 3. - Meetings

Division 4. - Attendance Requirements

(Ord. No. 4738, § 5(Exh. C), 11-4-19; Ord. No. 4907, § 2(Exh. A), 10-18-21)

A.

Establishment of Development Review Committee. A Development Review Committee is hereby authorized and shall be known as the "Mesquite Development Review Committee," "Development Review Committee," or "DRC." The DRC is not a "governmental body" of the City, does not have rule-making or quasi-judicial powers, and acts only in an advisory role providing recommendations to the applicable decision-making person or body.

State Law reference— Defining "governmental body," V.T.C.A. Government Code, Open Meetings Act, § 551.001.

B.

In General. The Development Review Committee consists of employees of the City of Mesquite assigned the responsibility of acting in an advisory role by reviewing, making comments, and recommendations on certain plats, site plans, and building plans submitted for approval prior to construction or development. DRC actions are not binding.

C.

Membership. The Director of Planning and Development Services shall recommend employees for assignment to the Development Review Committee. The City Manager shall approve or disapprove the recommendation of assignment(s) to the DRC.

D.

Duties and Responsibilities.

1.

The DRC may provide non-binding comments or recommendations to the applicable decision-making person or body.

2.

The DRC may inform the applicant of any potential issues that it intends to present to the applicable decision-making person or body.

3.

The DRC may have such other duties and responsibilities as may be assigned by the City Manager and/or Director of Planning and Development Services or as otherwise assigned by this Zoning Ordinance or other regulation or law.

E.

Non-Binding and No Approvals. Any actions, comments or recommendations made by the DRC is not binding upon the applicant, or the City of Mesquite, nor does it represent approval of any plan, application or project.

(Ord. No. 4738, § 5(Exh. C), 11-4-19)

A.

Position of Historic Preservation Officer. The City Manager shall designate a qualified person, as outlined in the Secretary of the Interior's Professional Qualification Standards, who shall be, or become, an employee of the City, to serve as the Historic Preservation Officer. This position may also be referred to as the "HPO" or "Manager of Historic Preservation."

Charter reference— City Manager; Powers and duties, Sec. 3.

B.

In General. Historic Preservation is a division of the Planning and Development Services Department. The Historic Preservation Officer is responsible for administering ordinances, policies and programs associated with Mesquite Landmarks, historic districts and historic preservation activities. The Historic Preservation Officer is the primary City contact for historic designations and regulations or other preservation activities and serves as the staff liaison to the Landmark Commission. The Historic Preservation Officer, with approval of the Director of Planning and Development Services, may designate one or more staff persons to act as the Historic Preservation Officer; however, any formal decision of the Historic Preservation Officer or designee may only be rendered once.

C.

Responsibilities and Powers. The Historic Preservation Officer has the following responsibilities and powers pursuant to this Zoning Ordinance:

1.

Facilitates the protection of pre-historic, historic, architectural, archeological, or cultural resources of the City.

2.

Carries out the duties of Historic Preservation Officer as mandated by the State of Texas Historic Preservation Office (SHPO).

3.

As staff liaison to the Landmark Commission, provides staff assistance in the implementation of the ordinances, policies, goals, and programs of the City Council and Landmark Commission.

4.

Submit to the Texas Historical Commission a list of officially designated individual local Mesquite Landmarks and H-POD—Historic Preservation Overlay Districts designated.

5.

Monitor and report to the Landmark Commission and the Texas Historical Commission all actions affecting any recorded Texas Historic Landmark, State Antiquities Landmark, and National Register property, as deemed necessary.

6.

Review applications for Certificates of Appropriateness and Certificates of Demolition, Removal, and Relocation, and grant or deny administrative approval in the form of making a "determination of no material effect" when required by this Zoning Ordinance.

7.

Provides non-binding comments or recommendations to the applicable decision-making person or body.

8.

Informs the applicant of any potential issues the Historic Preservation Officer intends to present to the applicable decision-making person or body.

9.

Coordinates with the Landmark Commission to facilitate the City's designation as a Certified Local Government (CLG), and upon designation, manage reporting requirements to monitor and maintain Certified Local Government status.

10.

Provides technical, architectural, design, historical, and policy guidance to City staff, City Council, Landmark Commission, governmental officials, boards and committees, and regional, state, and national preservation agencies.

11.

Works with state, regional, and national historic preservation entities to further historic preservation activities in the City.

12.

Performs duties and responsibilities as may be assigned by the City Manager and/or Director of Planning and Development Services or as otherwise assigned by this Zoning Ordinance or other regulation or law.

(Ord. No. 4738, § 5(Exh. C), 11-4-19)

A.

Position of Director of Planning and Development Services. The City Manager shall designate a qualified person who shall be, or become, an employee of the City, to serve as the Director of the Planning and Development Services Department.

Charter reference— City Manager; Powers and duties, Sec. 3.

B.

In General. The Director of Planning and Development Services is the head of the Planning and Development Services department. The Director of Planning and Development Services is responsible for administering ordinances, policies and programs set by the City Council and various municipal boards and agencies. The Director of Planning and Development Services, with approval of the City Manager, may designate one or more staff persons to act as the Director of Planning and Development Services; however, any formal decision of the Director of Planning and Development Services or designee may only be rendered once.

C.

Responsibilities and Powers. The Director of Planning and Development Services, or his/her designee, has the following responsibilities and powers pursuant to this Zoning Ordinance:

1.

Reviews and make final administrative decisions on site plan review applications when required by this Zoning Ordinance.

2.

Reviews and make final administrative decisions on zoning interpretations of district boundaries or other interpretations of this Zoning Ordinance.

3.

Receives and forwards applications as required by this Zoning Ordinance to the appropriate administrator or review and/or decision-making body.

4.

Performs duties and responsibilities as may be assigned by the City Manager or as otherwise assigned by this Zoning Ordinance or other regulation or law.

(Ord. No. 4738, § 5(Exh. C), 11-4-19)

The following division in Article IV, or successor and as amended, in Mesquite City Code, Chapter 20 - Boards, Commissions, and Committees, is hereby adopted by reference as if set out word for word:

ARTICLE IV - QUASI-JUDICIAL BOARDS, COMMISSIONS, AND COMMITTEES

Division 8. - Landmark Commission

(Ord. No. 4738, § 5(Exh. C), 11-4-19; Ord. No. 4907, § 2(Exh. A), 10-18-21)

The following division in Article IV, or successor and as amended, in Mesquite City Code, Chapter 20 - Boards, Commissions, and Committees, is hereby adopted by reference as if set out word for word:

ARTICLE IV - QUASI-JUDICIAL BOARDS, COMMISSIONS, AND COMMITTEES

Division 9. - Planning and Zoning Commission

(Ord. No. 4738, § 5(Exh. C), 11-4-19; Ord. No. 4907, § 2(Exh. A), 10-18-21)

The following division in Article IV, or successor and as amended, in Mesquite City Code, Chapter 20 - Boards, Commissions, and Committees, is hereby adopted by reference as if set out word for word:

ARTICLE IV - QUASI-JUDICIAL BOARDS, COMMISSIONS, AND COMMITTEES

Division 3. - Board of Adjustment.

(Ord. No. 4738, § 5(Exh. C), 11-4-19; Ord. No. 4907, § 2(Exh. A), 10-18-21)