Northlake City Zoning Code
ARTICLE 3
Boards and Commissions
§ 3.1 General Provisions.
A.
Source of Authority.
Authority under this UDC shall be vested in and delegated to the officials and decision-makers designated in this Article 3, the Constitution and other laws of the State and the Town Code. This authority shall be deemed supplemental to any other authority lawfully conferred upon the officials and decision-makers. The omission of a citation in this UDC to any authority conferred upon the officials and decision-makers under the Constitution or other laws of the State or the Town Code shall not be construed as limiting the actions of such officials and decision-makers taken in accordance with and in reliance upon such authority.
B.
Implied Authority.
The officials and decision-makers shall have all implied authority necessary to carry out the duties and responsibilities expressly delegated by this UDC to the extent the implied authority is not in conflict with the expressly delegated authority.
C.
Limitation on Authority.
1.
Town Policy.
It is the policy of the Town that the standards and procedures applicable to development of property within the Town limits and within the Town's ETJ are as stated in this UDC, notwithstanding any representation by any Town official summarizing, paraphrasing or otherwise interpreting such standards to the contrary, whether generally or as applied to development of specific property.
2.
Representations Concerning Future Action on Petition or Application.
No Town official, whether an employee of the Town or a member of an appointed Board or Commission, or a member of the Town Council, shall have the authority to make representations to a property owner concerning the likelihood of an outcome of that official's decision or the decision of an appointed Board or Commission or the Town Council, on any development application or petition that has yet to be filed or is pending before the Town for decision. An official may, however, upon request of a person, convey information concerning that official's position on a pending application in accordance with procedures established in this section. No person is entitled to rely upon any representation made by an official in contravention of this section, and each and every such representation shall be deemed in violation of the policy of the Town, and is not binding on the Town in any respect. No subsequent decision of the Town shall be deemed a ratification of any representation made in contravention of this section.
3.
Representations Concerning Future Amendments.
No Town official, whether an employee of the Town or a member of an appointed Board or Commission, or a member of the Town Council, shall have the authority to make binding representations to any person concerning the likelihood that a change in any legislative classification or a change in the text of this UDC as applied to a specific tract of land will be granted, or that an existing legislative classification or text provision will remain in effect, or that any petition for relief will be granted. No person is entitled to rely upon any representation made by an official in contravention of this section, and each and every such representation shall be deemed in violation of the policy of the Town, and is not binding on the Town in any respect. No subsequent decision of the Town shall be deemed a ratification of any representation made in contravention of this section.
4.
Effect of Master Plan, Ordinance or Development Standard on Liability Claims.
The Town's approval of a development application under the standards and procedures of this UDC does not guarantee or assure that development of the property, in accordance with the standards, will prevent, minimize or mitigate harm to adjoining property. A person who undertakes development activities shall not rely on the Town's approval of a development application as ensuring that the development activities will not result in harm to adjoining property. The regulations contained in this UDC constitute an exercise of the Town's governmental authority, and approval of a development application shall not give rise to any liability on the part of the Town or its officers, agents and employees, nor will an approval release the applicant from any liability for harm arising out of development of the property under applicable law.
5.
No Waivers.
Except as expressly provided for in this UDC, no official, Board or Commission of the Town, or the Town Council, shall have authority to waive any requirement or standard for a development application except as specifically authorized in this UDC. Any attempted waiver of a requirement or standard for a development application in contravention of this section shall hereby be deemed null and void, and, upon discovery, shall be grounds for revocation of a permit or approval, or reconsideration of a legislative decision.
D.
Conflict in Authority.
1.
Internal Inconsistency.
Whenever one or more provisions of this UDC are in apparent conflict, the provisions shall be construed, if possible, so that effect is given to each. If the conflict is between a general provision and a specific provision, and the conflict is irreconcilable, the specific provision shall prevail as an exception to the general provision, unless the general provision is the later enactment and the manifest intent is that the general provision should prevail.
2.
Incomplete Provisions.
Whenever a specific standard or procedure of this UDC is incomplete when applied in isolation to a development application or development activity, such standard shall be supplemented by any general or specific provision of this UDC, or the Town Code, in order to give effect to the incomplete provision[.]
3.
Correlation of UDC and EDM.
The Unified Development Code (UDC) and the Engineering Design Manual (EDM) are complementary documents and what is required by one shall be binding as if required for by both. In cases of conflict between the UDC and the EDM the more stringent criteria shall take precedence as determined by the Town Manager or his/her designee.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 23-0126B adopted 1/26/2023)
§ 3.2 Town Council.
A.
Authority Granted.
The Town Council, as the governing body of the Town, shall have such powers and authority as granted by State law applicable to general law cities, [and] the Town Code of Ordinances, to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC.
B.
Duties and Approval Authority.
In addition to other rights of approval, the Town Council shall have final approval authority on the following applications:
1.
An application for amendment to the text or maps within the Comprehensive Plan.
2.
An application for amendment to the text of this UDC.
3.
An application for annexation.
4.
An application to establish or amend a zoning district map classification including the creation of a Planned Development District.
5.
An application for a Specific Use Permit.
6.
An application for approval of a community facilities agreement within the Town's corporate boundaries and a development agreement in the Town's ETJ.
7.
An application to extend Town utilities to land located in the Town's ETJ.
8.
An appeal of any Town Board, Commission, or Town staff except as expressly provided for in this UDC.
9.
An application for a plat requesting a waiver of the obligations of this UDC.
10.
An application for a site plan requesting a waiver of the obligations of this UDC.
11.
Waiver to provisions pertaining to platting requirements.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 3, adopted 5/13/21)
§ 3.3 Planning and Zoning Commission.
A.
Organization.
1.
The planning and zoning commission shall consist of seven regular members appointed by a majority vote of the town council.
2.
In addition to seven regular members of the commission, two alternate members of the commission, who shall serve in the absence of one or more regular members, may be appointed by a majority vote of the town council. In determining which of the two alternate members shall serve in the absence of a regular member, the alternate member with the longest tenure shall so serve. If, for any reason, the alternate member with the longest tenure is unavailable to serve, the second alternate member shall so serve.
3.
Regular members shall be designated as place number on through seven and alternate members (if applicable) shall be designated as alternate place number eight and alternate place number nine.
4.
Each member or alternate member of the planning and zoning commission shall be a resident citizen and qualified voter of the town at the time of their appointment. A member or alternate member who ceases to reside in the town during their term of office shall immediately forfeit their office.
5.
The term of office of members or alternate members of the planning and zoning commission shall be for one year. Members and alternate members of the commission may be removed, with or without cause, by the town council before their terms of office expire.
6.
Members and alternate members shall serve without compensation.
7.
Other qualifications for regular or alternate membership shall be a genuine interest in the planning and zoning of the town, ability to work with the public, and time to devote to this service.
8.
Regular members and alternate members of the planning and zoning commission shall be appointed by the town council in accordance with established procedures.
B.
Officers and Procedures.
1.
At the first scheduled commission meeting in June of each year, or as soon thereafter as practicable, the first item of business shall be the selection of the commission's chairperson and vice-chairperson from among the membership of the commission. Alternate members of the commission are not eligible to serve as commission chairperson or vice-chairperson or to participate in the selection of said chairperson or vice-chairperson.
2.
The chairperson shall preside over meetings and shall be a voting member of the commission.
3.
The vice-chairperson shall assist the chairperson in directing the affairs of the planning and zoning commission. In the absence of the chairperson, the vice-chairperson shall assume the duties of the chairperson. The vice-chairperson, when acting as chairperson, shall retain the right to vote.
4.
In the event of the absence of both the chairperson and vice-chairperson, any member of the commission may be selected as the acting chairperson for that particular meeting by majority vote of the members present. Any commission member acting as chairperson shall retain the right to vote. No member shall be required to act as chairperson if the member so declines.
5.
The recording of minutes of all commission meetings shall be the responsibility of the town staff.
6.
A majority of the commission shall constitute a quorum (four members) to do business and the affirmative vote of the majority of those attending shall be necessary to pass any motion.
C.
Duties and Powers.
1.
The planning and zoning commission shall, acting in its advisory role, have the following powers and duties:
a.
Review all current and proposed ordinances and amendments pertaining to planning and zoning and make recommendations to the Council for action to be taken.
b.
To hear, recommend, or determine any matter relating to zoning, planning, or subdivision control as they may be specified or required under this Unified Development Code, or applicable laws of the state.
c.
To have final approval authority for site plans and plat applications that do not require a waiver of the requirements of this UDC.
d.
Exercise the duties and powers as may be now or hereafter conferred by this Unified Development Code, Town Charter, or applicable laws of the state.
(Ordinance 21-0513C, sec. 4, adopted 5/13/21)
§ 3.4 Board of Adjustment.
A.
Creation and Organization.
There is hereby created a board known as the board of adjustment, which shall be organized as follows:
1.
The board of adjustment shall consist of five regular members appointed by a majority vote of the Town Council.
2.
Members shall be designated as places one through five.
3.
Each member of the board shall be a resident citizen and qualified voter of the Town, at the time of appointment. A member who ceases to reside in the Town during his term of office shall immediately forfeit his office.
4.
The term of office for members of the board shall be for two years. Members may be removed for cause before their terms of office expire.
a.
Cause for removal may include any of the following:
5.
Members of the board shall serve without compensation.
B.
Officers and procedures.
1.
At the first scheduled board meeting in June of each year, or as soon thereafter as practicable, the first item of business shall be the selection of the board of adjustment's chairperson and vice-chairperson from among the membership of the board.
2.
The chairperson shall preside over meetings. If a question over procedures arises, Robert's Rules of Order shall apply.
3.
The vice-chairperson shall assist the chairperson in directing the affairs of the board of adjustment. In the absence of the chairperson, the vice-chairperson shall assume the duties of the chairperson.
4.
The recording of the minutes of the board of adjustment meetings shall be the responsibility of the town personnel assigned by the Town Manager.
5.
The board of adjustment may adopt rules to govern its proceedings and conduct the business before the board; provided, however, that such rules are not inconsistent with this UDC or laws of this state.
6.
The concurring vote of not less than seventy-five percent (75%) of board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which the board is required to act under this UDC, or to grant any variance authorized by this UDC.
C.
Powers of the Board.
The BOA shall have the powers and exercise the duties of a BOA in accordance with LGC section 211.008. The BOA's jurisdiction shall extend to and include the hearing and deciding of the following types of appeals and applications, and to that end shall have the necessary authority to ensure continuing compliance with its decision.
1.
The BOA shall have the following powers:
a.
Interpretation.
To render an interpretation of the zoning regulations or the manner of their application where it is alleged that there is error in any order, requirement, or determination made by the administrative official in the administration of such provisions. In reaching its decisions the BOA shall establish firm guidelines for future administrative actions on like matters. To hear and decide appeals of alleged code violations in accordance with the procedures set out in subsections 3.4.D and 3.4.E herein.
b.
Special Exception.
To decide upon those applications for a Special Exception use or development of property when the same is authorized under this ordinance subject to BOA approval. In reaching its decision the BOA shall grant the application if it finds:
(1)
That the use is specifically permitted under the ordinance, and
(2)
That the locations of proposed activities and improvements are clearly defined on the site plan filed by the applicant, and
(3)
That the exception will be wholly compatible with the use and permitted development of adjacent properties.
c.
Variance.
To authorize upon appeal in specific cases such variance from the height, yard area, coverage, and parking regulations set forth in this UDC as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification. In exercising its power to grant a variance in accordance with this ordinance, the BOA shall make findings and show in its minutes that:
(1)
That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property, and
(2)
That the situation causing the hardship or difficulty is unique to the affected property and is not self-imposed, and
(3)
That the relief sought will not injure the permitted use of adjacent conforming property, and
(4)
That the granting of the variance will be in harmony with the spirit and purposes of this UDC.
d.
Nonconforming uses.
(1)
The BOA may permit the reconstruction, extension, or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by the building, and the addition of off-street parking or off-street loading to a nonconforming use.
(2)
The BOA may require the discontinuance of nonconforming uses of land or buildings under any plan whereby the full value of the buildings and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this ordinance. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard to the property rights of the persons affected, when considered in light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of the property. The BOA shall, from time to time, on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the Town.
D.
Appeals to the BOA.
1.
Interpretation.
Appeals to the BOA may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative official as designated under section 3.5. Such appeal shall be taken within ten (10) business days as provided by the rules of the BOA, by filing with the officer from whom the appeal is taken and with the BOA, a notice of appeal specifying the grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the BOA all the papers constituting the record of the action appealed.
2.
Stay of Proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the BOA that by reason of facts stated in the certificate, a stay would in his opinion, cause imminent peril of life or property. In such a case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the BOA or by a court of record on application and on due cause shown.
3.
Special Exception Application.
An application for a special exception to use or develop property as specifically authorized in district use regulations or in this section may be filed by any person owning the affected property or by any tenant upon written authorization of the owner. Such application shall be filed with the BOA and a copy thereof with the administrative official.
4.
Form of Appeal or Application.
The appeal or application shall be in such form and contain such information as the BOA may require under its rules of procedure. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the BOA, and shall not be reviewed or scheduled for hearing until brought to completion.
5.
Notice of Hearing.
Official written notice of public hearing on every application for a variance or special exception or for an interpretation of regulations shall be sent to all owners of property, or to the person rendering the same for Town taxes, affected by such application, located within two hundred (200) feet of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notice shall be served by using the last known address as listed on the town tax roll and depositing the notice, postage prepaid, in the United States mail. Notice of hearings shall also be provided by means of a general notice by posting a list of items on the agenda to be heard by the BOA at a public place in Town Hall at least seventy-two (72) hours before the hearing on said items.
E.
Hearing and Decision.
1.
Generally.
a.
The BOA shall fix a reasonable time for the hearing of an appeal, give public notice thereof, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by attorney or agent. Evidence supporting the grant or denial of an appeal shall be submitted only through the administrative official or to the BOA in public meeting.
b.
Any appeal or application may be withdrawn upon written notice to the administrative official, but no appeal shall be withdrawn after posting of hearing notice and prior to BOA action thereon without formal consent of the BOA.
2.
Decision and Voting.
a.
Every decision of the BOA shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The enumerated conditions required to exist on any matter upon which the BOA is authorized to pass under this ordinance shall be construed as limitations on the power of the BOA to act.
b.
Nothing herein contained shall be construed to empower the BOA to change the terms of this UDC, or to affect changes in the zoning districts. The powers of the BOA shall be so applied that the terms of this UDC will be strictly enforced.
c.
In exercising its powers, the BOA, in conformity with the provisions of LGC section 211.008 through LGC section 211.013 may modify in whole or in part any order, requirement, decision, or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.
d.
The concurring vote of four (4) members of the BOA shall be necessary to reverse on appeal, any order, requirement, decision, or determination of the administrative official, or to approve any application upon which it is required to pass under this UDC or to effect any variance to the UDC.
3.
Disqualification from Voting.
a.
A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the BOA.
b.
A member may disqualify themselves from voting whenever any applicant, or their agent, has sought to influence the member's vote on the appeal, other than in the public hearing.
4.
Approval of Request.
a.
In approving any request, the BOA may designate such conditions in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zoning district in which such permit is granted.
b.
When necessary, the BOA may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with.
c.
Unless a building permit or certificate of occupancy is obtained, appeal shall expire sixty (60) days after the BOA's decision unless a greater time is requested in the application and is authorized by the BOA. Any approval may be granted one emergency extension of sixty (60) days on written request filed with the BOA before expiration of the original approval.
5.
Denial of Request.
No appeal or application that has been denied shall be further considered by the BOA under a subsequent request obtained by filing new plans and obtaining of a new decision from the administrative official unless:
6.
Appeal of BOA Action.
Any person or persons, jointly or separately, aggrieved by any decision of the BOA, or any taxpayer, or any officer, department, or board of the Town, may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of such illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision complained of in the of office of the BOA, and not thereafter[.]
(Ordinance 21-0513C, sec. 5, adopted 5/13/21; Ordinance 23-0126B adopted 1/26/2023)
§ 3.5 Administrative Authority.
A.
Authority Granted.
The Town Manager or his/her designees shall have such powers and authority as granted by State law, the Code of Ordinances, and this UDC to initiate, undertake, and decide any matters pertaining to the regulation of the use and development of land as identified in this UDC and are authorized to take all actions necessary to carry out their responsibilities in accordance with the requirements and limitations prescribed therein.
B.
Administrative Structure.
The Town Manager is designated as the chief administrative official of the Town. The Town Manager, at his/her discretion, may designate any other employee as the administrative authority responsible for consideration of any item deemed appropriate by the Town Manager.
C.
Duties and Approval Authority.
1.
The Town Manager or designee shall have the authority to review and make a recommendation to the town Planning and Zoning Commission or to the Town Council unless otherwise stated within this UDC on the following applications:
a.
An application for amendment to the text or maps in the Comprehensive Plan.
b.
An application for amendment to the text of this UDC.
c.
An application for annexation.
d.
An application to establish or amend a zoning district map classification, including creation or amendment of an overlay district.
e.
An application for approval of a conceptual plan as part of a Planned Development District.
f.
An application for a Specific Use Permit
g.
An application for approval of a community facilities agreement within the Town's corporate boundaries that includes provisions for participation in the costs of improvements by the Town and a development agreement in the Town's ETJ.
h.
An application to extend Town utilities to land located in the Town's ETJ.
i.
An appeal of the decision of any Town Board or staff as authorized by this UDC.
j.
An application for a plat, including plat vacations
k.
An application for easement and right-of-way (ROW) abandonments and acceptance of easements and ROW by separate instrument.
l.
An application for a site plan.
m.
An application for a variance, special exception, appeal or other application to be considered by the BOA.
2.
The Town Manager or his/her designee shall have final approval authority unless otherwise stated within this UDC on the following applications:
a.
An application for a minor plat, as authorized by this UDC.
b.
An application for an amending plat, as authorized by this UDC.
c.
An application for public infrastructure improvement construction plans.
d.
An application for approval of a community facilities agreement within the Town's corporate boundaries that does not include provisions for participation in the costs of the improvements by the Town.
e.
Acceptance of easements and ROW by separate instrument when the easement or ROW dedication has been identified as proposed by separate instrument on a plat or plan that has been approved by the Town Council.
f.
An application for a building permit.
g.
An application for a certificate of occupancy.
(Ordinance 13-0124A adopted 1/24/13; Ordinance 21-0513C, sec. 6, adopted 5/13/21; Ordinance 23-0126B adopted 1/26/2023)