Montgomery City Zoning Code

ARTICLE II

ADMINISTRATION AND ENFORCEMENT

DIVISION 2. PLANNING AND ZONING COMMISSION2

²State Law reference—Zoning commission, V.T.C.A., Local Government Code § 211.007 .

Sec. 98-25. Authority of building official; right of entry; stop work orders.

The provisions of this chapter shall be administered and enforced by the building official. The building official or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out the duties in the enforcement of this chapter. Whenever any construction work is being done contrary to the provisions of this chapter, the building official may order the work stopped by notice, in writing, served on the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the building official to proceed with the work.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-26. Building permits.

(a)

All applications for building permits shall be submitted as required by the city, and shall show:

(1)
The actual shape and dimensions of the lot to be built upon.
(2)
The exact sizes and locations on the lot of the buildings and accessory buildings then existing.
(3)
The lines within which the proposed building and structure shall be erected or altered.
(4)
The existing and intended use of each building or part of a building.
(5)
Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter.

(b)

One copy of such plans will be returned to the owner when such plans have been approved. A period of two weeks shall be allowed for inspection of plans before a permit shall be issued. All dimensions shown on the plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a qualified, registered surveyor, and the lot shall be staked out on the ground before construction is started.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-27. Special use permits.

(a)

The city council, by an affirmative four-fifths vote, may by ordinance grant a special permit for special uses in any district, for those uses listed under "CC" in the table of permitted uses in section 98-88, or which are otherwise not expressly permitted by this chapter, and may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect property and property values in the neighborhood. A special use permit may be revoked or canceled by the city council upon violation of any permit granted. Before authorization of any of such special uses, the request therefor shall be referred to the planning and zoning commission for study and report concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood. A public hearing shall be held in relation thereto before the city council, and notice and publication of the time and place for which shall conform to the procedure prescribed in subsection (b) of this section.

(b)

A public hearing shall be held by the city council before adopting any proposed special use permit. Notice of such hearing shall be given by publication one time in a newspaper of general circulation in the city stating the time and place of hearing, which time shall not be earlier than 15 days from the date of publication.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-28. Certificate of occupancy.

(a)

No vacant land shall be occupied or used, except for agricultural uses, until a certificate of occupancy shall have been issued by the building official.

(b)

No premises shall be used and no buildings hereafter erected or structurally altered shall be used, occupied or changed in use until the provisions of this chapter are met and a certificate of occupancy and compliance shall have been issued by the building official.

(c)

Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit, and shall be issued within ten days after the erection or structural alterations of such buildings shall have been completed in conformity with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the building official.

(d)

A certificate of occupancy shall not be issued for any temporary building unless and until such temporary building shall have met all requirements imposed by other city ordinances. Any permit issued will be valid for six months, and will be reviewed by the city council for any extensions.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-29. Board of adjustment; appeals and variances.

(a)

Board of adjustment established. The city council shall serve as the board of adjustment as authorized by V.T.C.A., Local Government Code § 211.008 (g) regarding the zoning of cities, having the powers and duties as provided in V.T.C.A., Local Government Code § 211.009 .

(b)

Membership of board of adjustment; chairperson. The board of adjustment shall consist of the five city council members and the mayor who shall also serve as its chairperson.

(c)

Review by planning and zoning commission. The board of adjustment may request the recommendation of the planning and zoning commission on any appeal presented to the board of adjustment.

(d)

Meetings of board of adjustment. Meetings of the board of adjustment shall be held at the call of the mayor and at such other times as the city council acting as the board of adjustment may determine.

(e)

Hearings before board of adjustment. Each case before the board of adjustment must be heard by at least 75 percent of its members. The hearings of the board of adjustment shall be public. However, the board of adjustment may go into executive session for discussion as provided in V.T.C.A., Government Code § 551.002 , but not for vote on any case before it. The board of adjustment shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any building permit is pending, and shall also hear any other parties in interest.

(f)

Rules and regulations of board of adjustment. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of adjustment and shall be a public record. The board of adjustment shall act by resolution in which four members must concur. The board of adjustment shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of this chapter, and shall furnish a copy of such rules and regulations to the building official, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.

(g)

Appeals to the board of adjustment.

(1)
Procedure. Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department, board or bureau of the city. Such appeal shall be made by filing with the office of the board of adjustment a notice of appeal, specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the record upon which the action appealed from was taken.
(2)
Effect of appeal. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building official shall certify to the board of adjustment that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of adjustment or by a court of equity, after notice to the officer from whom the appeal is taken, and on due cause shown.
(3)
Notice of hearing on appeal. The board of adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board of adjustment to be affected thereby, such owners and persons being determined according to the current tax rolls of the city. Depositing of such written notice in the mail shall be deemed sufficient compliance with this subsection.
(4)
Decision by board of adjustment on appeal. The board of adjustment shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person, or by agent or attorney. The board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all powers of the officer or department from which the appeal is taken.

(h)

Powers of board of adjustment.

(1)
Witnesses and evidence. The board of adjustment shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.
(2)
Appeals. The board of adjustment shall have the power to hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision or determination made by the building official in the enforcement of this chapter.
(3)
Special exceptions. The board of adjustment shall have the power to hear and decide special exceptions to the terms of this chapter upon which the board of adjustment is required to pass as follows or elsewhere in this chapter:
1. a.
  Permit a public utility or public service use or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
2. b.
  Permit a transitional use between a business or residential district where the side of a lot in the R-1 district abuts upon a lot zoned for business or industrial purposes. The transitional use granted to a property is transferable to a subsequent property owner, provided that the property conveyed is the same identical property holding the grant of transitional use.
3. c.
  Grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of the ordinance from which this chapter is derived.
4. d.
  Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, acts of God, or the public enemy, to the extent of more than 50 percent of its fair market value, where the board of adjustment finds some compelling necessity requiring a continuance of the nonconforming use is not to continue a monopoly.
5. e.
  Waive or reduce the parking requirements in any of the districts whenever the character of the building is such as to make unnecessary the full provision of parking facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
6. f.
  Determine in cases of uncertainty the classification of any use not specifically named in this chapter.
(4)
Variances. The board of adjustment shall have the power to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed, and substantial justice done, including the following:
1. a.
  Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, or topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.
2. b.
  Authorize, upon appeal, wherever a property owner can show that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this chapter as are in harmony with its general purpose and intent, but only when the board of adjustment is satisfied that a granting of such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this chapter, and at the same time the surrounding property will be properly protected.
(5)
Limitation on jurisdiction. The board of adjustment shall have no authority to change any provisions of this chapter, and its jurisdiction is limited to hardship and borderline cases which may arise from time to time.
(6)
When vote required. The concurring vote of 75 percent of the members of the board of adjustment is necessary to:
1. a.
  Reverse an order, requirement, decision or determination of an administrative official;
2. b.
  Decide in favor of an applicant on a matter on which the board of adjustment is required to pass under this chapter; or
3. c.
  Authorize a variation from the terms of this chapter.

( Ord. No. 2014-03 , § 1, 5-20-2014; Ord. No. 2019-19 , § 1, 9-10-2019)

Effective on: 1/1/1901

Sec. 98-30. Amendments to chapter and changes to district boundaries

(a)

The city council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations established in this chapter.

(b)

Requests for amendments may be initiated by the city council, the planning and zoning commission, or by application of one or more property owners.

(1)
Accompanying data requirements. An application for an amendment by a property owner shall be filed with the planning and zoning commission upon such forms and accompanied by such data and information as may be required by the planning and zoning commission. When applicable, an accurate legal description and map of the land and existing buildings shall be submitted with the application. It shall be the responsibility of the applicant to indicate any applicable deed restrictions applying to the subject property.
(2)
Application fee. Each application by a property owner shall be accompanied at the time of filing by a fee as currently established or as hereafter adopted by resolution of the city council from time to time. Wherever the entire application for alteration or change hereunder is withdrawn before publication of notice is ordered to be given of the public hearing, the unused portion of the application fee shall be refunded to the applicant.

(c)

Before taking any action on any proposed amendment, supplement or change, the city shall submit the amendment, supplement or change to the planning and zoning commission of its recommendation and report. The planning and zoning commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the city council. The city council may not hold a public hearing until it receives the final report of the planning and zoning commission. The city council may not take action on the matter until it receives the final report of the planning and zoning commission. Before the tenth day before the hearing date, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. If the property within 200 feet of the property on which the change is proposed is located in territory annexed to the city and is not included on the most recently approved municipal tax roll, the notice shall be given in the manner provided by subsection (d) of this section.

(d)

Before the tenth day before the hearing date, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification affecting residential or multifamily zoning shall be sent to each school district in which the property for which the change in classification is proposed is located. The notice may be served by its deposit in the city, properly addressed with postage paid, in the United Sates mail.

(e)

A public hearing shall be held by the city council before adopting any proposed supplement, amendment or change. Notice of such hearing shall be given by publication two times in the official publication of the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the first day of such publication.

(f)

Unless such proposed amendment, supplement or change has been approved by the city planning and zoning commission or if a protest against such amendment, supplement or change has been filed by 20 percent or more, either of the area of the lots included in such proposed change, or those immediately adjacent in the rear thereof, extending 200 feet therefrom, or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendments, supplements or change shall not become effective except by a three-fourths vote of the city council.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Secs. 98-31—98-48. Reserved.

Effective on: 1/1/1901

Sec. 98-49. Creation and purpose.

A planning and zoning commission is hereby created in order to accomplish the following purposes:

(1)
To identify community needs and to advise the city council of their short-range and long-range implications for the total development of the city;
(2)
To recommend achievable community goals as a basis for long-range planning and development programs;
(3)
To recommend plans, programs, and policies that will aid the entire community in achieving its defined goals;
(4)
To interpret the adopted plans and programs to concerned citizens so that private activities and desires may be accomplished in harmony with public needs and policies; and
(5)
To comply with the provisions of chapter 78 and this chapter concerning enforcement and application of the provisions of said chapters.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-50. Membership and appointment.

The planning and zoning commission shall be composed of five qualified individuals. These individuals shall be residents of the city, and be registered to vote in city elections. The city council will consider for appointment to the commission only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, interest in planning and zoning, and availability to prepare for and attend meetings. It is the intent of the city council that members shall, by reason of their diversity, constitute a commission, which is broadly representative of the community. For purposes of planning, the membership is encouraged to regularly include non-voting individuals, as may be appropriate, at their meetings to provide specific areas of expertise. Any member of the commission who has two consecutive absences without justification may be removed from the commission by the city council and the vacancy treated as an unexpired term. Any member of the commission may be removed for just cause upon recommendation from the chairperson of the commission and approval of the city council and the vacancy treated as an unexpired term.

(Ord. No. 2014-03 , § 1, 5-20-2014; Ord. No. 2020-12 , § 1, 10-13-2020)

Effective on: 1/1/1901

Sec. 98-51. Terms of office.

The terms of three of the members shall expire on October 1 of each odd-numbered year and the terms of two members shall expire on October 1 of each even-numbered year. The members of the commission shall be identified by place numbers one through five. The odd-numbered places shall expire in the odd-numbered years; and the even-numbered places shall expire in the even-numbered years. Commission members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in excess of two years. Newly-appointed members shall be installed at the first regular commission meeting after their appointment.

(Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-52. Organization.

The commission shall, in each October, elect a chairperson and vice-chairperson from among its members before proceeding to any other matters of business. The commission shall elect a secretary and such other officers, as it deems necessary, either from its membership or from staff representatives assigned by the mayor of the city to work with the commission. The commission shall meet regularly and shall designate the time and place of its meetings. The commission shall conduct meetings, adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this article and the requirements of law.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-53. Duties and powers.

The planning and zoning commission is hereby charged with the duty and invested with the authority to:

(1)
Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under state and city laws.
(2)
Formulate and recommend to the city council for its adoption a comprehensive plan for the orderly growth and development of the city and its environs, and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the city.
(3)
Make recommendations to the city council relating to the creation, amendment, and implementation of zoning regulations and districts as provided in Vernon's Texas Code Annotated, as amended, authorizing cities to pass regulations. All powers granted under said statutes are specifically adopted and made a part hereof.
(4)
Exercise all powers of a commission as to approval or disapproval of plans, plats, or re-plats and vacations of plans, plats or re-plats as set out in Vernon's Texas Code Annotated and/or chapter 78.
(5)
Study and recommend on the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same.
(6)
Study and make recommendations concerning the capital improvements program, including the construction of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances. Study and recommend on the design or alteration and on the location or relocation of works of art, which are, or may become, the property of the city.
(7)
Initiate, in the name of the city, for consideration at public hearings, all proposals:
1. a.
  For the opening, vacating or closing of public rights-of-way, parks or other public places;
2. b.
  For the original zoning of annexed areas; and
3. c.
  For the change of zoning district boundaries on an area-wide basis. No fee shall be required for the filing of any such proposal in the name of the city.
(8)
Formulate and recommend to the city council for its adoption policies and regulations consistent with the adopted comprehensive plan governing the location and/or operation of utilities, public facilities and services owned or under the control of the city.
(9)
Review and make recommendations concerning the annexation of land into the city.
(10)
Keep itself informed with references to the progress of city planning in the United States and other countries, and recommend improvements in the adopted plans of the city.
(11)
Submit each month a progress report to the city council summarizing its activities, major accomplishments, and a proposed work program. The report shall also contain the attendance record of all members and the identity of commission officers.
(12)
Develop a working knowledge of applicable regulations governing the execution of the duties of the commission, and perform these duties in a fair, honest and consistent manner.
(13)
Administer and enforce this chapter.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-54. Meeting and quorum.

(a)

A quorum shall be a majority of the members of the commission.

(b)

A motion may be made by any member other than the presiding officer.

(c)

A motion to approve any matter before the commission or to recommend approval of any request requiring city council action shall require a majority of favorable votes of the members present, provided a quorum is present.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-55. Disqualification from voting

(a)

A member shall disqualify himself from voting whenever he finds that he has a personal or monetary interest in the property under appeal, or that he will be directly affected by the decision of the commission.

(b)

A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the vote of the member on his application, other than in the public hearing.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Secs. 98-56—98-83. Reserved.

Effective on: 1/1/1901

Montgomery City Zoning Code

ARTICLE II

ADMINISTRATION AND ENFORCEMENT

DIVISION 2. PLANNING AND ZONING COMMISSION2

²State Law reference—Zoning commission, V.T.C.A., Local Government Code § 211.007 .

Sec. 98-25. Authority of building official; right of entry; stop work orders.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-26. Building permits.

(a)

All applications for building permits shall be submitted as required by the city, and shall show:

(1)
The actual shape and dimensions of the lot to be built upon.
(2)
The exact sizes and locations on the lot of the buildings and accessory buildings then existing.
(3)
The lines within which the proposed building and structure shall be erected or altered.
(4)
The existing and intended use of each building or part of a building.
(5)
Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter.

(b)

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-27. Special use permits.

(a)

(b)

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-28. Certificate of occupancy.

(a)

No vacant land shall be occupied or used, except for agricultural uses, until a certificate of occupancy shall have been issued by the building official.

(b)

(c)

(d)

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-29. Board of adjustment; appeals and variances.

(a)

(b)

Membership of board of adjustment; chairperson. The board of adjustment shall consist of the five city council members and the mayor who shall also serve as its chairperson.

(c)

Review by planning and zoning commission. The board of adjustment may request the recommendation of the planning and zoning commission on any appeal presented to the board of adjustment.

(d)

(e)

(f)

(g)

Appeals to the board of adjustment.

(1)
Procedure. Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department, board or bureau of the city. Such appeal shall be made by filing with the office of the board of adjustment a notice of appeal, specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the record upon which the action appealed from was taken.
(2)
Effect of appeal. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building official shall certify to the board of adjustment that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of adjustment or by a court of equity, after notice to the officer from whom the appeal is taken, and on due cause shown.
(3)
Notice of hearing on appeal. The board of adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board of adjustment to be affected thereby, such owners and persons being determined according to the current tax rolls of the city. Depositing of such written notice in the mail shall be deemed sufficient compliance with this subsection.
(4)
Decision by board of adjustment on appeal. The board of adjustment shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person, or by agent or attorney. The board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all powers of the officer or department from which the appeal is taken.

(h)

Powers of board of adjustment.

(1)
Witnesses and evidence. The board of adjustment shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.
(2)
Appeals. The board of adjustment shall have the power to hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision or determination made by the building official in the enforcement of this chapter.
(3)
Special exceptions. The board of adjustment shall have the power to hear and decide special exceptions to the terms of this chapter upon which the board of adjustment is required to pass as follows or elsewhere in this chapter:
1. a.
  Permit a public utility or public service use or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
2. b.
  Permit a transitional use between a business or residential district where the side of a lot in the R-1 district abuts upon a lot zoned for business or industrial purposes. The transitional use granted to a property is transferable to a subsequent property owner, provided that the property conveyed is the same identical property holding the grant of transitional use.
3. c.
  Grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of the ordinance from which this chapter is derived.
4. d.
  Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, acts of God, or the public enemy, to the extent of more than 50 percent of its fair market value, where the board of adjustment finds some compelling necessity requiring a continuance of the nonconforming use is not to continue a monopoly.
5. e.
  Waive or reduce the parking requirements in any of the districts whenever the character of the building is such as to make unnecessary the full provision of parking facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
6. f.
  Determine in cases of uncertainty the classification of any use not specifically named in this chapter.
(4)
Variances. The board of adjustment shall have the power to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed, and substantial justice done, including the following:
1. a.
  Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, or topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.
2. b.
  Authorize, upon appeal, wherever a property owner can show that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this chapter as are in harmony with its general purpose and intent, but only when the board of adjustment is satisfied that a granting of such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this chapter, and at the same time the surrounding property will be properly protected.
(5)
Limitation on jurisdiction. The board of adjustment shall have no authority to change any provisions of this chapter, and its jurisdiction is limited to hardship and borderline cases which may arise from time to time.
(6)
When vote required. The concurring vote of 75 percent of the members of the board of adjustment is necessary to:
1. a.
  Reverse an order, requirement, decision or determination of an administrative official;
2. b.
  Decide in favor of an applicant on a matter on which the board of adjustment is required to pass under this chapter; or
3. c.
  Authorize a variation from the terms of this chapter.

( Ord. No. 2014-03 , § 1, 5-20-2014; Ord. No. 2019-19 , § 1, 9-10-2019)

Effective on: 1/1/1901

Sec. 98-30. Amendments to chapter and changes to district boundaries

(a)

The city council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations established in this chapter.

(b)

Requests for amendments may be initiated by the city council, the planning and zoning commission, or by application of one or more property owners.

(1)
Accompanying data requirements. An application for an amendment by a property owner shall be filed with the planning and zoning commission upon such forms and accompanied by such data and information as may be required by the planning and zoning commission. When applicable, an accurate legal description and map of the land and existing buildings shall be submitted with the application. It shall be the responsibility of the applicant to indicate any applicable deed restrictions applying to the subject property.
(2)
Application fee. Each application by a property owner shall be accompanied at the time of filing by a fee as currently established or as hereafter adopted by resolution of the city council from time to time. Wherever the entire application for alteration or change hereunder is withdrawn before publication of notice is ordered to be given of the public hearing, the unused portion of the application fee shall be refunded to the applicant.

(c)

(d)

(e)

(f)

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Secs. 98-31—98-48. Reserved.

Effective on: 1/1/1901

Sec. 98-49. Creation and purpose.

A planning and zoning commission is hereby created in order to accomplish the following purposes:

(1)
To identify community needs and to advise the city council of their short-range and long-range implications for the total development of the city;
(2)
To recommend achievable community goals as a basis for long-range planning and development programs;
(3)
To recommend plans, programs, and policies that will aid the entire community in achieving its defined goals;
(4)
To interpret the adopted plans and programs to concerned citizens so that private activities and desires may be accomplished in harmony with public needs and policies; and
(5)
To comply with the provisions of chapter 78 and this chapter concerning enforcement and application of the provisions of said chapters.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-50. Membership and appointment.

(Ord. No. 2014-03 , § 1, 5-20-2014; Ord. No. 2020-12 , § 1, 10-13-2020)

Effective on: 1/1/1901

Sec. 98-51. Terms of office.

(Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-52. Organization.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-53. Duties and powers.

The planning and zoning commission is hereby charged with the duty and invested with the authority to:

(1)
Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under state and city laws.
(2)
Formulate and recommend to the city council for its adoption a comprehensive plan for the orderly growth and development of the city and its environs, and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the city.
(3)
Make recommendations to the city council relating to the creation, amendment, and implementation of zoning regulations and districts as provided in Vernon's Texas Code Annotated, as amended, authorizing cities to pass regulations. All powers granted under said statutes are specifically adopted and made a part hereof.
(4)
Exercise all powers of a commission as to approval or disapproval of plans, plats, or re-plats and vacations of plans, plats or re-plats as set out in Vernon's Texas Code Annotated and/or chapter 78.
(5)
Study and recommend on the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same.
(6)
Study and make recommendations concerning the capital improvements program, including the construction of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances. Study and recommend on the design or alteration and on the location or relocation of works of art, which are, or may become, the property of the city.
(7)
Initiate, in the name of the city, for consideration at public hearings, all proposals:
1. a.
  For the opening, vacating or closing of public rights-of-way, parks or other public places;
2. b.
  For the original zoning of annexed areas; and
3. c.
  For the change of zoning district boundaries on an area-wide basis. No fee shall be required for the filing of any such proposal in the name of the city.
(8)
Formulate and recommend to the city council for its adoption policies and regulations consistent with the adopted comprehensive plan governing the location and/or operation of utilities, public facilities and services owned or under the control of the city.
(9)
Review and make recommendations concerning the annexation of land into the city.
(10)
Keep itself informed with references to the progress of city planning in the United States and other countries, and recommend improvements in the adopted plans of the city.
(11)
Submit each month a progress report to the city council summarizing its activities, major accomplishments, and a proposed work program. The report shall also contain the attendance record of all members and the identity of commission officers.
(12)
Develop a working knowledge of applicable regulations governing the execution of the duties of the commission, and perform these duties in a fair, honest and consistent manner.
(13)
Administer and enforce this chapter.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-54. Meeting and quorum.

(a)

A quorum shall be a majority of the members of the commission.

(b)

A motion may be made by any member other than the presiding officer.

(c)

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-55. Disqualification from voting

(a)

(b)

A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the vote of the member on his application, other than in the public hearing.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Secs. 98-56—98-83. Reserved.

Effective on: 1/1/1901

Montgomery City Zoning Code

ARTICLE II

ADMINISTRATION AND ENFORCEMENT

DIVISION 2. PLANNING AND ZONING COMMISSION2

²State Law reference—Zoning commission, V.T.C.A., Local Government Code § 211.007 .

Sec. 98-25. Authority of building official; right of entry; stop work orders.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-26. Building permits.

(a)

All applications for building permits shall be submitted as required by the city, and shall show:

(1)
The actual shape and dimensions of the lot to be built upon.
(2)
The exact sizes and locations on the lot of the buildings and accessory buildings then existing.
(3)
The lines within which the proposed building and structure shall be erected or altered.
(4)
The existing and intended use of each building or part of a building.
(5)
Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter.

(b)

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-27. Special use permits.

(a)

(b)

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-28. Certificate of occupancy.

(a)

No vacant land shall be occupied or used, except for agricultural uses, until a certificate of occupancy shall have been issued by the building official.

(b)

(c)

(d)

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-29. Board of adjustment; appeals and variances.

(a)

(b)

Membership of board of adjustment; chairperson. The board of adjustment shall consist of the five city council members and the mayor who shall also serve as its chairperson.

(c)

Review by planning and zoning commission. The board of adjustment may request the recommendation of the planning and zoning commission on any appeal presented to the board of adjustment.

(d)

(e)

(f)

(g)

Appeals to the board of adjustment.

(1)
Procedure. Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department, board or bureau of the city. Such appeal shall be made by filing with the office of the board of adjustment a notice of appeal, specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the record upon which the action appealed from was taken.
(2)
Effect of appeal. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building official shall certify to the board of adjustment that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of adjustment or by a court of equity, after notice to the officer from whom the appeal is taken, and on due cause shown.
(3)
Notice of hearing on appeal. The board of adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board of adjustment to be affected thereby, such owners and persons being determined according to the current tax rolls of the city. Depositing of such written notice in the mail shall be deemed sufficient compliance with this subsection.
(4)
Decision by board of adjustment on appeal. The board of adjustment shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person, or by agent or attorney. The board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all powers of the officer or department from which the appeal is taken.

(h)

Powers of board of adjustment.

(1)
Witnesses and evidence. The board of adjustment shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.
(2)
Appeals. The board of adjustment shall have the power to hear and decide appeals where it is alleged there is an error of law in any order, requirement, decision or determination made by the building official in the enforcement of this chapter.
(3)
Special exceptions. The board of adjustment shall have the power to hear and decide special exceptions to the terms of this chapter upon which the board of adjustment is required to pass as follows or elsewhere in this chapter:
1. a.
  Permit a public utility or public service use or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
2. b.
  Permit a transitional use between a business or residential district where the side of a lot in the R-1 district abuts upon a lot zoned for business or industrial purposes. The transitional use granted to a property is transferable to a subsequent property owner, provided that the property conveyed is the same identical property holding the grant of transitional use.
3. c.
  Grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of the ordinance from which this chapter is derived.
4. d.
  Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, acts of God, or the public enemy, to the extent of more than 50 percent of its fair market value, where the board of adjustment finds some compelling necessity requiring a continuance of the nonconforming use is not to continue a monopoly.
5. e.
  Waive or reduce the parking requirements in any of the districts whenever the character of the building is such as to make unnecessary the full provision of parking facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
6. f.
  Determine in cases of uncertainty the classification of any use not specifically named in this chapter.
(4)
Variances. The board of adjustment shall have the power to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed, and substantial justice done, including the following:
1. a.
  Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, or topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.
2. b.
  Authorize, upon appeal, wherever a property owner can show that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures or the use of land will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this chapter as are in harmony with its general purpose and intent, but only when the board of adjustment is satisfied that a granting of such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this chapter, and at the same time the surrounding property will be properly protected.
(5)
Limitation on jurisdiction. The board of adjustment shall have no authority to change any provisions of this chapter, and its jurisdiction is limited to hardship and borderline cases which may arise from time to time.
(6)
When vote required. The concurring vote of 75 percent of the members of the board of adjustment is necessary to:
1. a.
  Reverse an order, requirement, decision or determination of an administrative official;
2. b.
  Decide in favor of an applicant on a matter on which the board of adjustment is required to pass under this chapter; or
3. c.
  Authorize a variation from the terms of this chapter.

( Ord. No. 2014-03 , § 1, 5-20-2014; Ord. No. 2019-19 , § 1, 9-10-2019)

Effective on: 1/1/1901

Sec. 98-30. Amendments to chapter and changes to district boundaries

(a)

The city council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations established in this chapter.

(b)

Requests for amendments may be initiated by the city council, the planning and zoning commission, or by application of one or more property owners.

(1)
Accompanying data requirements. An application for an amendment by a property owner shall be filed with the planning and zoning commission upon such forms and accompanied by such data and information as may be required by the planning and zoning commission. When applicable, an accurate legal description and map of the land and existing buildings shall be submitted with the application. It shall be the responsibility of the applicant to indicate any applicable deed restrictions applying to the subject property.
(2)
Application fee. Each application by a property owner shall be accompanied at the time of filing by a fee as currently established or as hereafter adopted by resolution of the city council from time to time. Wherever the entire application for alteration or change hereunder is withdrawn before publication of notice is ordered to be given of the public hearing, the unused portion of the application fee shall be refunded to the applicant.

(c)

(d)

(e)

(f)

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Secs. 98-31—98-48. Reserved.

Effective on: 1/1/1901

Sec. 98-49. Creation and purpose.

A planning and zoning commission is hereby created in order to accomplish the following purposes:

(1)
To identify community needs and to advise the city council of their short-range and long-range implications for the total development of the city;
(2)
To recommend achievable community goals as a basis for long-range planning and development programs;
(3)
To recommend plans, programs, and policies that will aid the entire community in achieving its defined goals;
(4)
To interpret the adopted plans and programs to concerned citizens so that private activities and desires may be accomplished in harmony with public needs and policies; and
(5)
To comply with the provisions of chapter 78 and this chapter concerning enforcement and application of the provisions of said chapters.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-50. Membership and appointment.

(Ord. No. 2014-03 , § 1, 5-20-2014; Ord. No. 2020-12 , § 1, 10-13-2020)

Effective on: 1/1/1901

Sec. 98-51. Terms of office.

(Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-52. Organization.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-53. Duties and powers.

The planning and zoning commission is hereby charged with the duty and invested with the authority to:

(1)
Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under state and city laws.
(2)
Formulate and recommend to the city council for its adoption a comprehensive plan for the orderly growth and development of the city and its environs, and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the city.
(3)
Make recommendations to the city council relating to the creation, amendment, and implementation of zoning regulations and districts as provided in Vernon's Texas Code Annotated, as amended, authorizing cities to pass regulations. All powers granted under said statutes are specifically adopted and made a part hereof.
(4)
Exercise all powers of a commission as to approval or disapproval of plans, plats, or re-plats and vacations of plans, plats or re-plats as set out in Vernon's Texas Code Annotated and/or chapter 78.
(5)
Study and recommend on the location, extension and planning of public rights-of-way, parks or other public places, and on the vacating or closing of same.
(6)
Study and make recommendations concerning the capital improvements program, including the construction of public buildings, bridges, viaducts, street fixtures and other structures and appurtenances. Study and recommend on the design or alteration and on the location or relocation of works of art, which are, or may become, the property of the city.
(7)
Initiate, in the name of the city, for consideration at public hearings, all proposals:
1. a.
  For the opening, vacating or closing of public rights-of-way, parks or other public places;
2. b.
  For the original zoning of annexed areas; and
3. c.
  For the change of zoning district boundaries on an area-wide basis. No fee shall be required for the filing of any such proposal in the name of the city.
(8)
Formulate and recommend to the city council for its adoption policies and regulations consistent with the adopted comprehensive plan governing the location and/or operation of utilities, public facilities and services owned or under the control of the city.
(9)
Review and make recommendations concerning the annexation of land into the city.
(10)
Keep itself informed with references to the progress of city planning in the United States and other countries, and recommend improvements in the adopted plans of the city.
(11)
Submit each month a progress report to the city council summarizing its activities, major accomplishments, and a proposed work program. The report shall also contain the attendance record of all members and the identity of commission officers.
(12)
Develop a working knowledge of applicable regulations governing the execution of the duties of the commission, and perform these duties in a fair, honest and consistent manner.
(13)
Administer and enforce this chapter.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-54. Meeting and quorum.

(a)

A quorum shall be a majority of the members of the commission.

(b)

A motion may be made by any member other than the presiding officer.

(c)

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Sec. 98-55. Disqualification from voting

(a)

(b)

A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the vote of the member on his application, other than in the public hearing.

( Ord. No. 2014-03 , § 1, 5-20-2014)

Effective on: 1/1/1901

Secs. 98-56—98-83. Reserved.

Effective on: 1/1/1901