Nolanville City Zoning Code
ARTICLE VII
ADMINISTRATION AND PROCEDURES
§ 810.0 [Responsibilities].
The City’s decision-making bodies and officials described in this article, without limitation upon the authority each possesses by law, have responsibility for implementing and administering this Ordinance in the manner described in this article or allowed by law.
(Ordinance 6051-12 adopted 5/17/12)
§ 810.1 Administrative and Enforcement Official.
The City Manager shall act as the Zoning Official in the event the City Council has not designated the Zoning Official. The Zoning Official duties and responsibilities shall include, but are not limited to:
(a)
Accept and process all submitted applications for Special Use Permits, text amendments to the zoning regulations, and amendments to the official zoning district map;
(b)
Prepare staff comments for review by the Commission, City Council, and the Zoning Board of Adjustment;
(c)
Represent the City at all public hearings;
(d)
Maintain all records, minutes, and the official zoning district map, related to the enforcement and procedures of this Ordinance;
(e)
Serve as the enforcement officer to ensure compliance with this Ordinance;
(f)
Serve as liaison between the Commission and City Council; and,
(g)
Perform other duties as necessary and appropriate to uphold the provisions of this Ordinance.
(Ordinance 6051-12 adopted 5/17/12)
§ 820.1 City Council Responsibilities.
In addition to the responsibilities and duties referenced in City Charter the City Council shall have the powers and duties to perform the following:
(a)
Amend the zoning regulations of the City, in accordance with State law;
(b)
Initiate, on behalf of the City, any amendment in the zoning classification of any land within the City; and
(c)
Hear and decide Special Use Permits; and
(d)
Hear and decide on recommendations of the Commission, after receipt of a final report, for applications related to rezoning requests and text amendments.
(Ordinance 6051-12 adopted 5/17/12)
§ 830.1 Planning and Zoning Commission Responsibilities.
In addition to the stated responsibilities and duties in the City’s Charter, the Planning and Zoning Commission (hereinafter referred to as the “Commission”) shall be responsible for the following:
(a)
Hear testimony on behalf of applicants and consider the facts, findings, and recommendation of the Zoning Official;
(b)
Consider the interests of the public related to the public health, safety, morals and general welfare;
(c)
Identify the appropriateness of requested map and text amendments considering conformance with the adopted zoning regulations, official zoning district map, and land use policies;
(d)
Make recommendations to the City Council, in the form of a final report, related to approval or denial of an application;
(e)
Perform other such duties and be vested with such powers as the City Council shall from time to time prescribe.
(f)
Composition,appointment.
The Commission shall consist of six (6) regular members and any number the Commission chooses as alternate members. The Chairperson is to be appointed by the City Council.
(1)
The six (6) regular members shall be composed of a Chairperson, Vice-Chairperson; Secretary and three (3) members.
(2)
The Chairperson, or in her/her absence, the Vice-Chairperson, shall conduct and preside over the meetings.
(3)
An alternate member shall serve in the absence of one or more regular members when requested to do so by the Mayor or City Manager. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. A vacancy among the alternate members is filled in the same manner as a vacancy among the regular members.
(g)
Terms, filling vacancies.
Each appointment of a member of the Commission shall be for a two-year term. Any vacancy due to death, resignation, or other reason shall be replaced by an appointee selected in the manner provided herein as soon as practical after such vacancy. Such appointment shall be for the unexpired term of office.
(h)
Meetings.
The Commission shall hold regular monthly meetings and may call any special meetings necessary to conduct business. The meetings shall be held in accordance with the State open meeting law and proper notice of meetings posted as required.
(i)
Officers.
The Vice-Chairperson and Secretary of the commission shall be elected from the commission by a majority vote of a quorum of the Commission once every year. Should a vacancy occur, for whatever reason, in either the position of vice-chairperson or secretary of the commission, such vacancy shall be filled by a majority vote of a quorum of the Commission at the next meeting immediately following such vacancy. Such term shall be for the remainder of the unexpired term.
(j)
Attendance at meetings.
The members are required to attend all regular and special called meetings of the Commission. Should any member miss three (3) consecutive regular meetings, such member may be removed, with a majority vote of the Commission.
(k)
Public hearings.
The Commission shall hold public hearings as required by law and at the request of the City Council. The Chairperson of the Commission shall conduct and preside over such meetings. The meeting shall be conducted in a public place and with members of the Commission present.
(Ordinance 6051-12 adopted 5/17/12)
§ 830.2 Application For Zoning Text or Map Amendment.
An application for an amendment to the text of this Ordinance or the Official Zoning District Map may be initiated by the Commission, City Council, or by a owner filing a complete application with the Zoning Official.
(Ordinance 6051-12 adopted 5/17/12)
§ 830.3 Submission of Application.
A complete application for amendment of the text of this Ordinance or the official zoning district map shall be submitted to the Zoning Official in a form established by the City. No application shall be processed until the established fee has been paid and the application has been deemed complete by the Zoning Official. No application or fee shall be required when the amendment is proposed by the Commission or City Council.
If an application for a zoning change is not submitted by the owner of the property under consideration, a notarized letter from the owner authorizing said applicant to act as the agent on behalf of the owner is required. A owner application shall include, but is not limited to, the following information:
(a)
Name, address, and telephone number of applicant(s), owner(s), and agent(s);
(b)
A statement of the reasons why the amendment is being requested;
(c)
Legal description of the property that is the subject of the proposed amendment;
(d)
Filing fee, as established by the City Council; and
(e)
Other information or documentation necessary to process the application, as required by the Zoning Official, Commission, and/or City Council.
(Ordinance 6051-12 adopted 5/17/12)
§ 830.4 Submission of Technical Studies.
The Zoning Official, Commission, or City Council may require an applicant for map amendments to submit such technical studies as may be necessary to enable the commission or City Council to evaluate the application. Required studies may include, but are not limited to, traffic studies, engineering studies, noise studies or economic impact reports. The costs of all studies shall be borne by the applicant. The person or firms preparing the studies shall be subject to the approval of the City.
(Ordinance 6051-12 adopted 5/17/12)
§ 830.5 Application and Submission Deadlines.
The Zoning Official or the Commission may establish submission deadlines for materials required in support of any application submitted under this Ordinance. Compliance with such deadlines shall be required in order to have the application placed on the Commission’s agenda.
(Ordinance 6051-12 adopted 5/17/12)
§ 830.6 Property Owner Notification.
Public notice of hearings held before the Planning and Zoning Commission or Zoning Board of Adjustment, unless otherwise required by law, shall be given as follows:
Mailing. Before the 10th day before the date of the public hearing, written notice of the time and place of a public hearing for a change in district boundary shall be sent by the applicant to each owner, as indicated by the most recently approved municipal tax roll, of real property within two hundred (200) feet of the property on which a change in classification is proposed. The mailed notice shall be given by certified mail, return receipt requested, and shall be in letter form, stating the time and place of the hearing, a general description of the proposal, the legal description and general street location of the property subject to the proposed change, and a statement explaining that the public may be heard at the public hearing. When notice has been properly addressed and mailed by the applicant, failure to receive mailed notice shall not invalidate any action taken on the application. Prior to the public hearing, the applicant shall file with the Zoning Official the returned receipts from the certified mailings and an affidavit stating the names and addresses of the persons to who notice was sent; failure to submit the affidavit prior to the hearing may result in a continuance of the hearing. |
Posting of Signs. Notice of required public hearings on landowner applications for a zoning reclassification, a Special Use Permit, or a variance shall also be provided by way of a sign posted at least ten (10) days before the date of the public hearing on the land that is the subject of the application. One sign shall be posted by the applicant for each two hundred (200) feet of frontage along a public street, with a maximum of three (3) signs required per frontage. Signs shall be located so that the lettering is visible from the street. Where land does not have frontage on a public street, signs shall be posted on the nearest public street with a notation indicating the location of the land subject to the application. The sign shall be furnished by the City to the applicant, and the applicant shall maintain the sign for at least ten (10) days immediately preceding the date of the public hearing. The applicant shall provide visual proof at the time of the public hearing verifying that the sign was posted as required by this section. The provisions of this paragraph shall not apply to any application initiated by the commission or the City Council. |
(Ordinance 6051-12 adopted 5/17/12)
§ 830.7 Commission Public Hearing.
The Commission shall, after due notice in accordance with Section 830.5 [830.6], conduct a public hearing on the proposed amendment. At the public hearing the Commission shall consider the application, the relevant supporting materials, and all comments and written materials submitted at the public hearing.
(Ordinance 6051-12 adopted 5/17/12)
§ 830.8 Commission Consideration.
The Commission may give consideration to the following criteria, to the extent pertinent to the application. In addition, other factors may be considered which may be relevant to the application.
(a)
Conformance of the proposed zoning classification with the City’s land use policies.
(b)
The character of the neighborhood.
(c)
The zoning and use of nearby properties, and the extent to which the proposed zoning and use would be compatible.
(d)
The suitability of the property for the uses permitted by right in the proposed zoning district.
(e)
The extent to which approval of the application would detrimentally affect nearby properties.
(f)
The extent to which the proposed use would affect the capacity or safety of that portion of the street network, other public facilities or utilities, or present parking problems in the vicinity of the property.
(g)
The extent to which approval of the application would harm the value of nearby properties.
(Ordinance 6051-12 adopted 5/17/12)
§ 830.9 Commission Report.
After the public hearing, the Commission shall adopt and transmit a final report to the City Council recommending approval or denial of the request. A tie vote on a request for an amendment to the official zoning district map is deemed to be a recommendation for denial.
(Ordinance 6051-12 adopted 5/17/12)
§ 831.1 City Council Hearing and Action.
After receiving the final report of the Commission, the City Council shall hold a public hearing on the amendment request, for which notice of the time and place of the hearing has been published in the official newspaper before the 15th day before the date of the hearing date. After the close of the public hearing, the City Council may approve or deny the request, return it to the Commission for further consideration, or take whatever other action the City Council deems appropriate.
(Ordinance 6051-12 adopted 5/17/12)
§ 831.2 Protest Procedures.
If a proposed change in a zoning regulation or classification is protested in accordance with the provisions below, such change must receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the City Council. A protest filed under this section must be written and signed by the owners of at least twenty percent (20%) of either:
(a)
The area of the lots or land covered by the proposed change; or
(b)
The area of the lots or land immediately adjoining the area covered by the proposed change and extending two hundred (200) feet from that area.
In computing the percentage of land, the area of streets and alleys shall be included. |
(Ordinance 6051-12 adopted 5/17/12)
§ 831.3 Joint Hearings.
The City Council may call and hold a joint public hearing with the Commission on a request for a text or official zoning district map amendment as provided by State law. In case of a joint hearing, the City Council shall not act on the request until it receives the final report of the Commission on the matter. A two-thirds (2/3) majority of City Council may prescribe the type of notice to be given of the time and place of a joint public hearing.
(Ordinance 6051-12 adopted 5/17/12)
§ 840.1 Establishment of Board.
(a)
Established.
The Zoning Board of Adjustment (hereinafter referred to as the “Board”) is established in accordance with the provisions of Texas Local Government Code, Section 211.008, Board of Adjustment (Ordinance #2011-05-05 #7017) [article 1.03, division 3 of the Code of Ordinances]. Under this Ordinance, the Board shall perform the following functions:
(1)
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 section;
(2)
Hear and decide appeals of any interpretation of the text of this Ordinance made by the Zoning Official;
(3)
Authorize in specific cases such variances from the terms of this section [the Zoning Ordinance] as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this section will result in unnecessary hardship, and so that the spirit of this section shall be observed and substantial justice done; and,
(4)
Hear and decide special exceptions to the terms of the Zoning Ordinance when this Ordinance requires the Board to do so.
(b)
Authority.
In exercising its authority as prescribed in this section, the Board may reverse or affirm, in whole or in part, or modify the Zoning 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 Zoning Official. The concurring vote of seventy-five percent (75%) of the members of the Board is necessary to:
(c)
Operation.
The Zoning Board of Adjustment shall consist of five (5) regular members, who shall be appointed by a simple majority vote of the City Council, and shall operate in accordance with Sections 211.008 through 211.011 of the Texas Local Government Code, as amended. The City Council shall provide for the appointment of up to four (4) alternate members to serve in the absence of one or more of the regular Board members on an alternating basis such that all alternate members have equal opportunities to serve on the Board. Appointments to the Zoning Board of Adjustment shall be for staggered terms of two years. Alternate members shall serve in the absence of one or more regular board members when required to do so by the Mayor or City Manager. The City Council may remove a member or alternate member of the Board for cause, as found by the City Council on a written charge, after a public hearing.
(Ordinance 6051-12 adopted 5/17/12)
§ 840.2 Rules of the Board.
The Board by majority vote shall adopt rules to carry out the duties conferred by this division. Meetings of the Board shall be held at the call of the presiding officer and at other times as determined by the Board. All meetings of the Board shall be open to the public.
The Board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The Board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately with the City Secretary and are public records.
(Ordinance 6051-12 adopted 5/17/12)
§ 840.3 Variances.
Variances are deviations from the property development standards for the applicable district where development is proposed. The Board shall have authority to grant variances upon such terms and conditions, as it deems necessary and appropriate, in accordance with Section 840.7.
(Ordinance 6051-12 adopted 5/17/12)
§ 840.4 Application for a Variance.
A complete application for a variance shall be submitted by a landowner, or an agent acting on behalf of the landowner, to the Zoning Official, on a form prescribed by the City, along with a nonrefundable fee, which may be established from time to time by the City Council. No application shall be processed until the application fee has been paid and the application has been determined to be complete by the Zoning Official. The Zoning Official may require that the applicant submit additional information necessary to undertake a complete analysis and evaluation of the variance request and to determine whether the circumstances prescribed for granting the variance exists.
(Ordinance 6051-12 adopted 5/17/12)
§ 840.5 Review and Recommendation by Zoning Official.
After determining that the application for a variance is complete, the Zoning Official shall review the application and prepare a report, which may include a recommendation of approval, approval with conditions, or disapproval based upon the criteria in SECTION 840.7.
(Ordinance 6051-12 adopted 5/17/12)
§ 840.6 Public Hearing.
After due notice, the board shall hold a public hearing on an application for a variance. At the public hearing, the Board shall consider the application, the report of the Zoning Official, the relevant supporting materials and the public testimony given at the public hearing. After the close of the public hearing, the Board shall vote to approve, approve with conditions, or disapprove the application for a variance.
(Ordinance 6051-12 adopted 5/17/12)
§ 840.7 Conditions for Considering Variances.
To approve an application for a variance, the Board shall make an affirmative written finding that each of the following criteria are met:
(a)
Special circumstances exist that are peculiar to the land or structure.
(b)
These special circumstances are not self-imposed or the result of the actions of the applicant.
(c)
Literal interpretation and enforcement of the terms and provisions of this Ordinance would cause an unnecessary and undue hardship.
(d)
Granting the variance is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest and which would carry out the spirit of this Ordinance and would result in substantial justice.
(e)
Such variance will not alter the essential character of the district in which it is located or the property for which the variance is sought.
(f)
Such variance will not authorize a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located.
(g)
The variance will not adversely affect the health, safety or welfare of the public.
(Ordinance 6051-12 adopted 5/17/12)
§ 840.8 Conditions for Approval.
The Zoning Official may recommend and the Board may impose such conditions on a variance as are necessary to accomplish the purposes of this Ordinance, to prevent or minimize adverse impacts upon the public and neighborhoods and to ensure compatibility. These conditions may include, but are not limited to limitations on size, bulk, location; standards for landscaping, buffering and screening, lighting and adequate ingress and egress; other on-site improvements; and limitations on the duration of the permit.
(Ordinance 6051-12 adopted 5/17/12)
§ 840.9 Effect of Variance.
(a)
Generally.
Issuance of a variance shall authorize only the particular variation which is approved in the variance request and shall not constitute a precedent. A variance shall run with the land.
(b)
Time limit.
Unless otherwise stated in the variance, an application to commence construction of the improvements that are the subject of the variance must be applied for and approved within six (6) months of the date of approval of the variance; otherwise the variance shall automatically become null and void. Upon written request, and for good cause shown, one extension of the six-month timeframe may be granted by the Board.
(Ordinance 6051-12 adopted 5/17/12)
§ 841.1 Appeal to Board.
As specified in SECTION 211.010 of the Texas Local Government Code, any person aggrieved by, or any Officer, Department, Board, or Bureau of the City affected by the decision of the Zoning Official on matters contained within this section may appeal such decision to the Board. 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. On receiving the notice, the Official from whom the appeal is taken shall transmit to the Board all the papers constituting the record of the action that is appealed.
An appeal stays all proceedings in furtherance of the action that is appealed unless the Official from whom the appeal is taken certifies in writing to the Board facts supporting the Official’s opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a Court of Record on application, after notice to the Official, if due cause is shown.
The Board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The Board shall decide the appeal within a reasonable time.
(Ordinance 6051-12 adopted 5/17/12)
§ 841.2 Conditions for Considering Appeals.
(a)
The Board shall apply the following standards in deciding the appeal:
(1)
That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map.
(2)
That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated.
(3)
The decision of the Board must be such as will be in the best interest of the community and consistent with the spirit and intent of the City’s zoning regulations.
(b)
An appeal that involves an interpretation of a term contained in this Ordinance, and that is decided contrary to the zoning or administrative official’s decision shall be kept on file with the Zoning Official and shall constitute the official meaning of the term until such may be amended by Council.
(Ordinance 6051-12 adopted 5/17/12)
§ 841.3 Special Exceptions.
Special exceptions are deviations from otherwise applicable performance standards where development is proposed that would be compatible with surrounding land uses, in keeping with the public interest, and consistent with the purposes of this Ordinance. They must be specifically authorized by this Ordinance in order for the board to consider an application.
To approve a special exception, the Board shall make an affirmative finding that granting the special exception will:
(a)
Ensure the same general level of land use compatibility as the otherwise applicable standards;
(b)
Not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development;
(c)
Not adversely affect property values in any material way; and
(d)
Be generally consistent with the purposes and intent of this Ordinance.
The Board, upon application for a special exception, shall set a reasonable time for a hearing, and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the hearing in person or by agent or attorney. |
A special exception applies only to the property which is applied for and approved, shall not constitute a precedent, and shall run with the land. |
(Ordinance 6051-12 adopted 5/17/12)