(a)

Planning and Zoning Commission Creation. The Orange Planning and Zoning Commission is established with the adoption of this ordinance.

(b)

Planning and Zoning Commission Members Qualification. Members of the planning and zoning commission shall be residents of Orange and qualified voters.

(c)

Planning and Zoning Commission Members Appointment. Members of the Orange Planning and Zoning Commission shall be appointed by the city council for terms of two (2) years, or until their successors are appointed. Terms begin from the date of appointment. Four (4) members of the planning and zoning commission shall be appointed in every even-numbered year, and three (3) members shall be appointed in every odd-numbered year. The city manager may appoint ex-officio members of the commission. Vacancies in an unexpired term shall be filled by appointment made by the city council for the remainder of the term. The Planning and Zoning Commission shall elect a chairman from among its membership.

(d)

Planning and Zoning Commission Meetings and Quorum. The planning and zoning commission shall meet not less than once a month, unless a meeting is not necessary. In such case, a cancellation notice will be posted.

Four (4) members of the commission shall constitute a quorum of the seven (7) planning and zoning commission members.

(e)

Rules of Operating the Planning and Zoning Commission. The planning and zoning commission shall, subject to the approval of the city council, make such rules and regulations and adopt such bylaws for its own government and for persons appearing before such body, as it may deem proper.

(f)

Purpose and Duties of the Planning and Zoning Commission. The planning and zoning commission shall:

(1)

Exercise the appropriate power, authority, and duties pursuant to the laws of the State of Texas, Charter of the City of Orange, and ordinances of the City of Orange;

(2)

Make recommendations to the city council on the zoning ordinance; as necessary;

(3)

Make recommendations to the city council for appropriate zoning for land being considered for annexation into the city;

(4)

Make recommendations to the city council on amendments to the zoning map or zoning ordinance text;

(5)

Act on applications for platting of new subdivisions in the city or within the extraterritorial jurisdiction of Orange;

(6)

Study and make recommendations to the city council, for the development and advancement of the city's physical layout and appearance, with regard to its general welfare;

(7)

Hold public hearings in conjunction with the city council, as necessary;

(8)

Act with other municipal and governmental agencies in formulating and executing common plans for development;

(9)

Meet with the zoning board of adjustment no less than once a year to exchange information on the actions and proceedings of the planning and zoning commission and the zoning board of adjustment throughout the preceding year;

(10)

Meet with the city council no less than once a year to provide information on the actions and proceedings of the planning and zoning commission throughout the preceding year.

(a)

Zoning Board of Adjustment Creation. The zoning board of adjustment is established with the adoption of this ordinance.

(b)

Zoning Board of Adjustment Members' Qualification. The members of the zoning board of adjustment shall be residents of Orange and qualified voters.

(c)

Zoning Board of Adjustment Members' Appointment. The zoning board of adjustment shall consist of five (5) members appointed by the city council for terms of two (2) years, or until their successors are appointed. All terms shall expire effective December 31. Three (3) members of the zoning board of adjustment shall be appointed in every even numbered year, and two (2) members shall be appointed in every odd numbered year. The city council may appoint alternate members to the board. The city manager may appoint ex officio members of the board. Vacancies in an unexpired term shall be filled by appointment made by the city council for the remainder of the term. The zoning board of adjustment shall annually elect a chairman and vice-chairman from among its membership at the first meeting of each calendar year.

(d)

Zoning Board of Adjustment Meetings, Quorum and Actions. The zoning board of adjustment shall meet no less than once a month, unless a meeting is not necessary. In such case, a cancellation notice will be posted.

Four (4) regular and/or alternate members of the board shall constitute a quorum of the five (5) members.

As prescribed by state law, actions by the board must be concurred by no less than seventy-five (75) percent of the members of the board. If five (5) regular and/or alternate members are present, four (4) members must concur.

(e)

Rules of Operating the Zoning Board of Adjustment. The zoning board of adjustment shall, subject to the approval of the city council, make such rules and regulations and adopt such bylaws for its own government and for persons appearing before such body, as it may deem proper.

(f)

Purpose and Duties of the Zoning Board of Adjustment. The zoning board of adjustment shall have the authority to:

(1)

Exercise the appropriate power, authority, and duties pursuant to the laws of the State of Texas and ordinances of the City of Orange;

(2)

Act on applications for variances to the zoning ordinance:

(3)

Act on applications for special exceptions to the zoning ordinance;

(4)

Decide appeals from an administrative decision of city staff;

(5)

Hold public hearings in conjunction with the city council, as necessary;

(6)

Once an application has been heard by the zoning board of adjustment and denied, the same or substantially similar subject may not be heard by the board until twelve (12) months have lapsed.

(1982 Code of Ordinances, Chapter 13, Section 3; Ordinance 2017-3, § 1(Exh. A), adopted 1/24/17)

(a)

Historic Preservation Commission Creation. The Historic Preservation Commission is established with the adoption of this article.

(b)

Historic Preservation Commission Members Qualifications. Members of the historic preservation commission shall be residents and qualified voters of the City of Orange. To the extent possible, they shall show interest and knowledge in the historic character of Orange.

(c)

Historic Preservation Commission Members Appointment. The historic preservation commission consists of five (5) members. The members of the historic preservation commission shall be appointed by the city council for terms of two (2) years, or until their successors are appointed. Terms begin on the date of appointment. Three (3) members of the historic preservation commission shall be appointed in every even-numbered year, and two (2) members shall be appointed in every odd-numbered year. Vacancies in an unexpired term shall be appointed by the city council for the remainder of the term. The historic preservation commission shall elect a chairman from among its membership.

(d)

Historic Preservation Commission Meetings and Quorum. The City of Orange Historic Preservation Commission shall meet not less than once a month, unless a meeting is not necessary. In such case, a cancellation notice will be posted. All meetings are open to the public and shall follow the regulations of the Texas Open Meetings Law. Public input which relates to the duties of the commission and any historic information on Orange shall be encouraged at all meetings.

Three (3) members of the commission shall constitute a quorum of the five (5) historic preservation commission members.

(e)

Rules of Operating the Historic Preservation Commission. The historic preservation commission shall, subject to the approval of the city council, make such rules and regulations and adopt such bylaws for its own government and for persons appearing before such body, as it may deem proper.

(f)

Purpose and Duties of the Historic Preservation Commission. The historic preservation commission shall:

(1)

Promote the historic features of Orange to residents of Orange County;

(2)

Serve as a partner to agencies, such as the Chamber of Commerce and State of Texas Tourist Bureau, to attract visitors to Orange by promoting its historic features;

(3)

Disseminate information to owners of historic landmarks and owners of property within historic districts, about the preservation and enhancement of historic landmarks, as necessary;

(4)

Disseminate information to the public concerning the preservation and enhancement of historic landmarks;

(5)

Review building plans with applicants anticipating new construction in designated historic districts or applicants anticipating new construction on existing historic landmarks;

(6)

Maintain a list and map of historic landmarks and historic districts which have been designated as such by the city council;

(7)

Conduct research, as necessary, on the historic features of the city;

(8)

Make recommendations on potential historic landmarks to the city council;

(9)

Consider landmark improvement plans which are submitted to the commission by the director of planning and community development; and

(10)

Meet with the city council no less than once a year to provide information on the actions and proceedings of the commission throughout the preceding year.

Procedures for designating and changing historic landmarks and historic districts are described in Section 12.306 of this article.

(Ordinance 1997-19, adopted 8/26/97)

(a)

Duties of the department of planning and community development in administering the zoning ordinance. For the purpose of this zoning ordinance, the director of the department of planning and community development (the "director") and his/her staff is empowered by the city council, under the direction of the city manager, to carry out the following duties and responsibilities:

(1)

Provide any assistance to the public, elected officials, appointed city officials, and city staff, which may be necessary to carry out the goals of the Orange Master Plan;

(2)

Report and make recommendations to the city council, planning and zoning commission, zoning board of adjustment, and the historic preservation commission on applications which affect land use in the City of Orange;

(3)

Perform functions delegated by the city council, city manager, planning and zoning commission, zoning board of adjustment, and the historic preservation commission;

(4)

Provide administrative interpretations and decisions on issues affecting land use in Orange, with the assistance of the planning and zoning commission, as necessary;

(5)

Assist the planning and zoning commission, zoning board of adjustment, and historic preservation commission by performing such functions as keeping minutes and records of meetings and actions taken, and making such minutes and records available to the public upon request;

(6)

Provide the zoning board of adjustment, planning and zoning commission, and the city council with semi-annual (every six (6) months) development reports which identify, at a minimum, the following information:

(A)

The number of building permits issued, and their type and location;

(B)

The number of subdivisions approved, and their type and location;

(C)

The number of variances submitted, the action taken on the variances, and their type and location:

(D)

The number of special exceptions submitted, the action taken on the special exceptions, and their type and location;

(E)

The number of occupancy permits issued, and their type and location;

(F)

Any other information that may be necessary to fully communicate the development activity in Orange to the zoning board of adjustment, planning and zoning commission and city council.

Where the physical features existing on the ground are in conflict with those shown on the official zoning map the planning and zoning commission shall interpret the district boundaries, after consideration of a recommendation by the director of planning and community development.

The director shall have the authority to determine the classification of a land use not specifically identified in this ordinance, based on the land use which it is most closely associated with, as listed in the Standard Industrial Classification Manual, provided by the United States Office of Management and Budget. The Standard Industrial Classification Manual is incorporated into this document by reference, as if recited verbatim, including its definitions. The Standard Industrial Classification Manual shall be used to determine all land uses with the exception of residential land uses permitted in the Residential Zones R-1, R-2, and R-3.

The Orange Zoning Ordinance shall be applicable to all property within the city limits of the City of Orange, including property which is subject to private deed restrictions.

(1)

Application of Zoning Ordinance with Respect to Existing Legal Nonconforming Lots, Land Uses, and Structures.

(A)

Intent.

(i)

Nonconforming lots, land uses, and structures for which a building permit or other city permit was issued before the adoption of this zoning ordinance, but which are prohibited by this zoning ordinance are deemed legal nonconforming lots, land uses, and structures. It is the intent of this zoning ordinance to allow these existing legal nonconforming lots, land uses, and structures to remain, allow certain modifications, encourage their long term conversion to compliance with the zoning ordinance, but not allow an increase of their nonconformity.

(ii)

The existence of legal nonconforming lots, land uses, or structures on a lot shall not set precedent for additional nonconforming lots, land uses, or structures which do not comply with this zoning ordinance.

(iii)

Land uses or structures for which a building permit or other city permit has not been issued are illegal and shall be removed or made legal.

(B)

Legal Nonconforming Lots of Record. Regulations established by this zoning ordinance regarding lot area, lot depth, or lot width, do not apply to a lot officially recorded in the Orange County Deed Records before the date of adoption of this zoning ordinance.

(C)

Legal Nonconforming Land Uses and Structures. A legal nonconforming land use or structure is subject to the following provisions:

(i)

A legal nonconforming residential or nonresidential structure which is destroyed by natural causes or intentionally demolished, in part or in whole, may be rebuilt with the same nonconformity within one (1) year. After one year, the new structure or any new portions must comply with all applicable regulations.

(ii)

A legal nonconforming structure may be enlarged or moved in a way that maintains or decreases its nonconformity, but may not be enlarged or moved in a way that increases its nonconformity.

(iii)

If a legal nonconforming use ceases operation, the same or a similar land use may subsequently operate, so long as the new land use is not in greater nonconformance with this zoning ordinance and complies with all other provisions of this zoning ordinance and that the previous land use has not been out of operation for over one calendar year. The one year shall begin on the date that water service is ceased at the location in question.

(iv)

Repairs and maintenance work necessary to strengthen, restore, or improve a legal nonconforming structure, may be performed, subject to appropriate city approval.

(2)

Relationship of the Zoning Ordinance to Deed Restrictions and Restrictions on a Recorded Subdivision Plat. The Orange Zoning Ordinance does not replace nor override deed restrictions which exist for a recorded subdivision plat. Deed restrictions are not enforced by the city.

(3)

Delegation of Authority. Whenever the director of planning and community development is referred to as having a specific authority under this zoning ordinance, such authority may be delegated to another city employee.

(4)

Zoning Ordinance Conflict with other Development Regulations. If any portion of this zoning ordinance conflicts with any other city development regulations, the more restrictive regulation shall apply as determined by the director of planning and community development.

(5)

Graphic Illustrations in this Zoning Ordinance. Graphic illustrations in this zoning ordinance are used for illustrative purposes only.

(Ordinance 2002-1, § I, adopted 1/8/02)

Fees which apply to the administration of the zoning ordinance by the department of planning and community development shall be established by the Orange City Council, and may be revised as necessary by the city council.

(1982 Code of Ordinances, Chapter 13, Section 3)