(A)   The provisions of this chapter shall be administered by the Zoning Officer. All applications for building permits shall be accompanied by a plat drawn to scale, showing the actual dimensions of the lot or tract of land to be built upon, the size of the building to be erected, the use of the property, all means of ingress and egress and such other information as may be necessary to provide for the enforcement of these regulations.

   (B)   A record of such application and plat shall be kept in the office of the Building Official. Prior to the issuance of any building permit, the Building Official shall determine that the application and improvements to be constructed comply with the requirements and provisions of this chapter.

(`87 Code, Zoning Ordinance, Art. IV, § 1(A))

   No building permit for the construction of a building or structure upon any tract, parcel or premise shall be issued and public utilities shall not be extended or connected to a building or structure unless the site plan is reviewed by the Zoning Officer prior to being approved by the Building Official.

(`87 Code, Zoning Ordinance, Art. IV, § 2)

   (A)   Membership and meetings.

      (1)   The Board of Adjustment shall consist of five members to be appointed by the City Council for a term of two years and removal for cause by the appointing authority. Vacancies shall be filled by appointment of a suitable person to serve out the unexpired term of any member whose place on the Board has become vacant for any cause.

      (2)   The Board is vested with power and authority in appropriate cases and subject to appropriate conditions and safeguards to make such exceptions to the terms of this chapter in harmony with the general purpose and intent and in accordance with general or special rules therein contained for the purpose of rendering full justice and equity to the general public.

      (3)   The Board of Adjustment may adopt rules to govern the proceedings; however, such rules shall not be inconsistent with this chapter.

      (4)   Meetings of the Board shall be held at the call of the Chairperson who may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public.

      (5)   The Board shall keep minutes of the 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 official actions, all of which shall be immediately fled and shall be public record.

   (B)   Appeals.

      (1)   Appeals to the Board of Adjustment may be taken by the person affected by any decision of any administrative office with respect to this chapter. Appeals shall be taken within 15 days after the decision has been rendered by the administrative office by filing notice of appeal, specifying the grounds. The Zoning Officer shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

      (2)   An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal shall have been filed that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the Board or by a court of record or application on notice to the officer from whom the appeal is taken and on due cause shown.

      (3)   The Board of Adjustment shall fix a reasonable time for the public hearing of an appeal, give the public notice as well as due notice to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by attorney or by agent.

   (C)   Jurisdiction. When in the Board of Adjustment’s judgment the public convenience and welfare will be substantially served and appropriate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following special exceptions to the regulations established:

      (1)   Permit reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building, provided such reconstruction does not prevent the return of such property to a conforming use;

      (2)   Permit such modification of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of land which differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriate developed with such modification.

   (D)   Powers of the Board. The Board of Adjustment shall also have the following powers:

      (1)   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter;

      (2)   To hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass under this chapter;

      (3)   To authorize upon appeal in special cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, the literal enforcement of the provisions of this chapter shall be observed and substantial justice done.

   (E)   Reversal and petition.

      (1)   The concurring vote of four members of the Board shall be necessary to reverse the order, requirement, decision or determination of any such administrative official or to decide in favor of the application on any matter upon which it is required to pass under this chapter or to affect any variance in this chapter.

      (2)   Any persons, jointly or severally, aggrieved by any decision of the Board or any taxpayer or any officer, department or board of the municipality may present a petition setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented within ten days after the filing of the decision.

   (F)   Procedure for a variance request.

      (1)   Application and fee.

         (a)   An application for a variance shall be completed and signed by the owner of the property or his or her authorized agent. The application shall include the date of the application, the name and address of the owner, a description of the subject property, and the specific variance requested. One copy of a plain metric map showing boundary dimensions, adjacent property not separated by a street or an alley, and all existing buildings on the subject property shall also be submitted as part of the application.

         (b)   A fee of $250.00 shall be charged to defray the cost of processing an application.

      (2)   Board of Adjustment public hearing.

         (a)   The variance request is scheduled for a public hearing before the Board of Adjustment at their next regular meeting.

         (b)   Fifteen days prior to the hearing, a notice of public hearing shall be published in the official newspaper of the city and all property owners within 200 hundred feet of the subject property shall be notified.

         (c)   The Board of Adjustment shall approve, approve conditionally, or deny each application for a variance request.

(`87 Code, Zoning Ordinance, Art. IV, § 3) (Am. Ord. 1989-6, passed 5-2-89; Am. Ord. 2002-25, passed 2-19-02)

   (A)   Purpose. A Planning and Zoning Commission is created in order to accomplish the following purposes:

      (1)   Create the best possible urban environment through adequate regulatory measures and through consistent, fair, equitable and honest enforcement;

      (2)   Insure the expansion of opportunities for all citizens of all economic and social levels, including opportunities for housing and education, employment and income, cultural and recreational, medical and professional;

      (3)   Prevent conditions causing excessive densities or overcrowding, causing congestion and unsafe situations or pollution;

      (4)   Progress toward the ultimate goal of sound, well-planned, well-designed, imaginative, economical and timely programs and activities, with the utmost use of new techniques, materials and processes.

   (B)   Appointment and terms of office.

      (1)   The Planning and Zoning Commission shall be composed of five qualified electors of the city and shall be appointed by the City Council.

      (2)   The City Council will consider for appointment to the Commission only those persons who have demonstrated to the Commission 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 diversity of their individual occupations, constitute a Commission which is broadly representative of the community.

      (3)   The terms of three of the members shall expire on January 31 of each odd-numbered year, and terms of two of the members shall expire on January 31 of each even-numbered year.

   (C)   Organization.

      (1)   The Commission shall hold an organizational meeting in February of each year and shall elect a Chairperson and Vice-Chairperson from among the members before proceeding to any other matters of business. The Zoning Officer shall serve as Secretary. The Commission shall meet regularly on the second Monday of each month and have such called meetings as may be requested by the City Manager or City Council or by majority of the Commission.

      (2)   The Commission shall adopt its own rules of procedure and keep a record of proceedings consistent with provision of this chapter and the requirement of law.

   (D)   Duties and powers. The Planning and Zoning Commission is charged with the duty and invested with the authority to:

      (1)   Formulate and recommend to the City Council for 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 feels will facilitate the movement of people and goods and the health, recreation, safety and general welfare of the citizens of the city.

      (2)   Formulate a zoning plan as may be deemed best to carry out the goals of the Comprehensive Plan and hold public hearings and make recommendations to the City Council relating to the creation, amendment and implementation of zoning regulations and districts as provided in Tex. Local Gov't Code, §§ 211.001 et seq., as amended, authorizing cities and incorporated villages to pass regulations; all powers granted under said act are specifically adopted and made a part hereof.

      (3)   Exercise all powers of a commission as to approval or disapproval of plans, plats or replats and vacations of plans, plats or replats set out in Tex. Local Gov't Code, §§ 212.001 et seq., 42.001 et seq. and 43.031 et seq., with the exception of matters expressly reserved to the City Council by ordinance.

      (4)   Initiate, in the name of the city on its own motion or upon request by the City Council, for consideration at public hearings, proposals for the original zoning of annexed areas or for the change of zoning districts’ boundaries on an area wide basis. No fee shall be required for the filing of any such proposal in the name of the city.

      (5)   Keep informed with reference to the progress of city planning in the United States and other countries and recommend improvements in the adopted plans of the city.

   (E)   Meeting and quorum. Three members of the Commission shall constitute a quorum to transact any business, and the affirmative vote of at least three members shall be required to make any recommendation to the City Council, to approve any site plans filed for approval and to transact any other business before the Commission. When fewer than all the members are present and when all motions to recommend a given application fail to carry by three affirmative votes, consideration of the application shall be continued to the next regular meeting upon motion carried by those present. Provided further that no request or application shall be continued under this rule beyond the next regular meeting; failure of the Commission to secure three concurring votes to approve or recommend approval at said next regular meeting shall be recorded in the minutes as a denial of the proposal under this rule.

   (F)   Disqualification from voting. A member shall disqualify himself or herself from voting whenever he or she finds that he or she has a personal or monetary interest in the property under appeal or that he or she will be directly affected by the decision of the Commission.

(`87 Code, Zoning Ordinance, Art. IV., § 4) (Am. Ord. 1989-6, passed 5-2-89; Am. Ord. 2002-25, passed 2-19-02)

   (A)   General requirements.

      (1)   The City Council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established.

      (2)   Before taking any action of any proposed amendment, supplement or change, the City Council shall submit the same to the Planning and Zoning Commission for review and recommendations.

      (3)   A public hearing shall be held by the governing body before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication one time in the official newspaper of the city stating the time and place of such hearing, which time shall not be earlier than 15 days from date of publication.

      (4)   If a protest against such proposed amendment, supplement or change has been filed with the City Secretary, duly signed and acknowledged by the owners of 20% 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 or if those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by three-fourths vote of the governing body, as per Tex. Local Gov't Code, § 211.006.

   (B)   Procedure for change of zoning request. 

      (1)   Application and fee.

         (a)   An application for a zoning change request shall be completed and signed by the property owner or his or her agent. The applicant shall provide a description of the subject property and shall state the specific zoning classification desired without alternatives. One copy of a plain metric map showing boundary dimensions, adjacent property not separated by a street or alley, and all existing buildings on the subject property shall be submitted with the zoning change request.

         (b)   A fee of $250.00 shall be charged to defray the costs of processing an application.

      (2)   Commission public hearing.

         (a)   The zoning change request is scheduled for a public hearing before the Commission at their next regular meeting.

         (b)   Fifteen days prior to the hearing, a notice of public hearing shall be published in the official newspaper of the city and all property owners within 200 feet of the subject property shall be notified.

      (3)   Council public hearing.

         (a)   Public notice of the hearing shall be given not less than 15 days before the date set for the hearing.

         (b)   The Council may sustain or reverse the approval or denial of the Commission by a simple majority vote.

         (c)   Action by the City Council is final and the same request may not be brought before the Commission again for one year.

   (C)   Procedure for specific use in any zoning classification.

      (1)   Application and fee.

         (a)   An application for a specific use shall be completed in duplicate and signed by the property owner or his or her authorized agent. The applicant shall provide a description of the subject property, and shall state the specific use desired. One copy of a plain metric map as outlined in this section, must accompany the application.

         (b)   A fee of $250.00 shall be charged to defray the costs of processing an application.

      (2)   Commission public hearing.

         (a)   Fifteen days prior to the hearing, a notice of public hearing shall be published in the official newspaper of the city and all property owners within 200 feet of the subject property stall be notified.

         (b)   The Commission shall make a recommendation to the City Council.

      (3)   Council public hearing.

         (a)   Public notice of the hearing shall be given not less than 15 days before the date set for the hearing.

         (b)   The City Council shall approve or deny each application for a specific use, including the stipulations of additional conditions and guarantees that such conditions will be complied with when deemed necessary for the protection of the public interest.

      (4)   Specific use standards.

         (a)   No specific use shall be approved, unless the City Council shall find that:

            1.   The specific use will not be injurious to the use and enjoyment of other property in the immediate area for purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;

            2.   The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in area;

            3.   Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;

            4.   Adequate measures have been or will be taken to provide sufficient off-street parking and loading spaces to serve the proposed use;

            5.   Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.

         (b)   Any use permitted under the terms of any specific use shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith.

   (D)   Re-plats which affect zoning classifications. In the event any re-plat of any property in any manner changes or amends the zoning classification of any lot or portion of a lot and/or changes or amends a zoning district boundary line, then such re-plat shall not be approved unless and until such change or amendment in zoning classification and/or zoning district boundary line has been approved pursuant to the procedures specified in this section for a change of zoning request, including the public hearing and notice requirements contained herein.

   (E)   Procedure for right-of-way closure.

      (1)   Definitions.  THOROUGHFARE means any public street, alley or other public right-of- way that has been accepted and appropriated by the city by use, entry, or improvement.

      (2)   Requests. Requests for thoroughfare closures shall be made by filing an application with the Planning Department on a city form. Such requests must be delivered to the department with the required fee at least 28 days prior to the public hearing by the Planning and Zoning Commission. The following shall also be submitted as part of the application.

         (a)   A petition signed by the owners of at least 75% of the property owners adjacent to the subject right-of-way. Owners of such adjacent property shall be determined by the latest approved city tax roll.

         (b)   List of surrounding property owners.

         (c)   Authorization of agent.

         (d)   A map and/or plat of the area.

      (3)   Fees. The applicant shall include with the application a non-refundable fee in the amount of $100.00. Such fee shall be applied to the cost of processing the application.

      (4)   Notices; before Planning and Zoning Commission. Written notices shall be sent to all owners of real property whose property lies within 200 feet of the requested thoroughfare closure excluding all rights-of-way. Such notices shall be given not less than 15 days before the date of public hearing before the Commission. Ownership will be determined by the latest approved city tax roll. Notices shall contain the date, time and place of the public hearing, and a description and location of the requested closure.

      (5)   Public hearings.

         (a)   Commission. The Commission shall hold at least one public hearing on all requests.

         (b)   City Council. The Council shall hold at least one public hearing an all requests brought before it either by appeal or upon favorable recommendation by the Commission.

      (6)   Action by Commission. The Commission shall submit its recommendation to the Council via the Planning Department. Requests denied by the Commission may be appealed to the Council, as herein provided. Failure to appeal within the time prescribed shall render the action of the Commission final.

      (7)   Appeals. Appeals from the recommendation of denial by the Commission shall be made by filing a written notice with the Planning Department not less than ten days after denial by the Commission.

      (8)   Action by Council. The Council shall hear all requests for thoroughfare closures affirmatively recommended by the Commission or appealed to it as herein provided. The action taken by the Council shall be final.

      (9)   Re-application. When a request for a thoroughfare closure has been denied by the Commission and not appealed to the Council or has been heard by the Council and denied, similar requests shall not be accepted by the Planning Department for a period of six months from the date the submission of the original requests.

(`87 Code, Zoning Ordinance, Art. IV, § 5) (Am. Ord. 1990-16, passed 10-2-90; Am. Ord. 2002-25, passed 2-19-02)

   (A)   Any person or corporation who shall violate any of the provisions of this chapter or fail to comply with any of the requirements, or who shall build or alter any building or use in violation of any detail or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than $200.00, and each day shall constitute a separate offense.

   (B)   The owner of any building or premises where anything in violation of this chapter shall be placed or shall exist, and any architect, engineer, surveyor, builder, contractor, agent, persons or corporation employed in connection therewith, and who may have assisted in the commission of such violations, shall be guilty of a separate offense and, upon conviction, shall be fined as herein provided.

(`87 Code, Zoning Ordinance, Art. IV, § 1(B))

 

(Am. Ord. 2002-25, passed 2-19-02; Am. Ord. 2002-2, passed 1-15-02 ; Am. Ord. 2008-13, passed 5-20-08 )