(1)

The city manager is hereby designated by the city council as the administrative official to supervise the administration and enforcement of these regulations. The city manager may appoint a designee to help him/her with the duty of administering the provisions of this zoning ordinance and securing compliance therewith. The city manager or his/her designee in the furtherance of his responsibilities shall:

(a)

Make such inspections as may be necessary to effectuate the purpose and intent of this ordinance [chapter] and to initiate appropriate action to bring about compliance with this ordinance [chapter] if such inspection discloses any instance of noncompliance.

(b)

Investigate thoroughly any complaints of alleged violations of this ordinance [chapter], and indicate clearly in writing as a public record in his office the disposition made of such complaint.

(c)

Order in writing as set out in this chapter 39 the remedy of all conditions or violations of the ordinance found to exist in or on any premises.

(d)

State in the violation order a time limit for complaints herewith as hereinafter set out.

(e)

Request the assistance of the city attorney in taking appropriate legal action upon the failure of the responsible party to comply with such violation order within the time specified therein.

(2)

Whenever the city manager or his/her designee determines that a violation of this ordinance [chapter] exists, he/she shall act as follows:

(a)

Give written notice of the violation to the occupant and the owner shown on the most recent tax roll of the city, and to the holder of the certificate of occupancy if different from both the occupant or owner.

(b)

The notice shall include:

i.

A description of the location of the property involved, either by street address or by legal description;

ii.

A statement indicating the nature of the violation and reason or reasons why the notice of violation is issued;

iii.

A specification of the section or sections of this ordinance [chapter] upon which the notice of violation is based;

iv.

A general description of the things that are required to be done in order that the premises comply with the provisions of this ordinance [chapter];

v.

A statement showing the time within which the work must be accomplished to comply with the provisions of this ordinance [chapter], which requirement as to time may not be less than ten days nor more than 90 days from the date of such written notice;

vi.

The name or names of the persons upon whom the notice of violation is served;

vii.

A statement advising that, upon the failure to comply with the requirements of the notice, the city shall take such enforcement procedures as may be required under this ordinance to secure compliance and to punish for continued violation;

viii.

A statement advising of the procedures available for review of the action of the city manager or his/her designee as set out in this chapter 39.

(c)

Issuance of the notice:

i.

Service of the written notice required by this ordinance [chapter] shall be deemed complete if personally delivered to the person or persons required under the provisions of this ordinance [chapter] to be served with such notice, and if the same cannot be personally delivered within the city, then service shall be deemed complete upon sending same by certified mail, return receipt requested, to the last known address of such person or persons and by posting a copy of such notice in a conspicuous place on the premises.

ii.

The city manager or his/her designee shall endorse on the copy of the written notice forwarded to the city manager or his/her designee the manner of service of the notice or notices as are hereby required.

iii.

When any written notice of violation shall become an order, either because a petition for review of the decision of the city manager or his/her designee has been taken and the decision of the enforcing official has not been reversed, then such order shall be executed by the city manager or his/her designee.

iv.

If such order is not complied with within the time specified in the order, then the city manager or his/her designee shall use all available means of enforcement to secure compliance.

(3)

Revocation of certificate of occupancy.

(a)

When any notice has been issued and such notice becomes an order within the terms of this chapter 39, the certificate of occupancy shall be automatically revoked as to those premises covered by such order.

(b)

It shall be unlawful for any person to occupy or use any premises as to which the certificate of occupancy has been revoked, except that use is permitted in the process of restoring and bringing about compliance with the ordinance. Any person convicted of violating this provision shall be punished as provided in chapter 39. Each day such violation continues shall constitute a separate offense.

(4)

The city manager or his/her designee shall appoint, a qualified city official, or staff person to serve as historic preservation officer (HPO). The HPO should have an interest, knowledge and a demonstrated background in the disciplines of architecture, history, urban planning, real estate, legal, archeology, or other disciplines related to historic preservation. The HPO shall be empowered to:

(a)

Administer this ordinance [article] and advise the HLC on matters submitted to it.

(b)

Maintain and hold open for public inspection all documents and records pertaining to the provisions of this article.

(c)

Receive and review all applications pursuant to this article to ensure their completeness.

(d)

Review and take action on all certificates of appropriateness applications subject to administrative review pursuant to this article.

(e)

Review and forward with any recommendations all applications for certificates of appropriateness subject to review by the HLC pursuant to this article.

(f)

Ensure proper posting and noticing of all HLC meetings, schedule applications for HLC review, provide packets to its members prior to the meetings, record meeting minutes and facilitate all HLC meetings.

(g)

Review and help coordinate the city's preservation and urban design activities with those of local, state and federal agencies and with local, state, and national preservation organizations in the private sector.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

See City of Palestine Code of Ordinances, chapter 2, administration, article IV, boards, committees, commissions.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

See City of Palestine Code of Ordinances, chapter 2, administration, article IV, boards, committees, commissions.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

See City of Palestine Code of Ordinances, chapter 2, administration, article IV, boards, committees, commissions.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

See City of Palestine Code of Ordinances, chapter 2, administration, article IV, boards, committees, commissions.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

See City of Palestine Code of Ordinances, chapter 2, administration, article IV, boards, committees, commissions.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

Table 39.4.2-1a below summarizes the land use and development procedures in this chapter and identifies the bodies that have review and decision-making responsibilities for each procedure. Other agencies and outside authorities may be asked by the city manager or his/her designee, planning and zoning commission, or city council to review certain applications.

R = Review. Responsible for a review and a recommendation.

D = Decision. Responsible for the final decision on matter, approval or denial.

A = Appeal. Authority to hear and decide upon appeal requests.

PH = Public Hearing. A public hearing is required at this step.

Table 39.4.2-1a

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

Applications. Information concerning submittal requirements, contents, and fees are available at the permit window in Palestine's City Hall. All applications required by this section shall be submitted to the development services department, unless otherwise specified.

(2)

Authority to file applications. The person having legal authority to take action according to the approval sought shall file an application for development review or approval under this ordinance [chapter]. The person having legal authority is presumed to be the record owner, purchaser under a sale or option to purchase, or the duly authorized agent of the record owner. Agents may only submit applications where the owner indicates consent in writing.

(3)

Contact person.

(a)

Contact. The applicant shall designate one person on the application as the primary contact person. The city manager or his/her designee will communicate with the contact person about the application and review procedures. It is the contact person's responsibility to inform the owners or applicant of such information.

(b)

Changes. The applicant shall notify the city manager or his/her designee in writing if there is to be a change in the contact person. The city manager or his/her designee will continue to communicate with the designated contact person until the notice of change has been received.

(4)

Application contents and fees.

(a)

The city manager or his/her designee is authorized to establish submittal requirements for all development applications required by the zoning ordinance and to update and amend such requirements as necessary to ensure effective and efficient review.

(b)

Applicants shall refer to the development services department for submittal requirements for each type of development application. The applicant shall provide any additional information, documents, or other material relevant to the application that the city manager or his/her designee reasonably believes is necessary to evaluate, analyze, and understand the subject matter of the application.

(c)

The city manager or his/her designee may waive, or recommend that certain submittal requirements are waived, to reduce the burden on the applicant and to tailor the requirements to the information necessary to review an application. The city manager or his/her designee may waive, or recommend waivers, to the application content in cases where the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly justify such waiver.

(d)

Non-refundable fees are required at the time of the filing of any development application and are payable to the city in accordance with the fee schedules adopted by city council. The city council may require, in addition to the fees above, that the applicant pay all or a portion of the reasonable fees charged by private consultants retained by the city for the purposes of reviewing the application and advising city officials. The city manager or his/her designee will notify the applicant prior to retaining any such consultant and the necessary required fees.

(e)

The city shall adopt and amend from time to-time a fee schedule setting forth an assessment of fees to defray the cost of processing development applications under this section. The fee schedule, as amended, can be found at the development services department. At the time of submittal, all applications shall include required fees.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

All application submissions must be complete prior to any processing by the city manager or his/her designee. A complete application includes all the submittal information identified on the application form and any items or exhibits requested by the city manager or his/her designee that are consistent with the standards and requirements of the zoning ordinance. A complete application is also accompanied by the applicable fee.

(2)

An application shall be considered officially submitted when a hand submitted copy of the application duly signed by the person with legal authority and accompanying fees is presented to the city manager or his/ her designee at the City of Palestine City Hall on a business day during normal office hours. Under no other circumstances shall an application be considered submitted.

(3)

An incomplete application shall be denied. The acceptance of an application for completeness review does not bind the city to accept an incomplete application.

(4)

The city manager or his/her designee shall determine whether an application is complete no later than ten calendar days after the official submission of the application. Staff shall make their determination of an incomplete application in writing. An e-mail to the applicant shall be considered a determination in writing.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

In addition to internal review, development services staff may distribute the complete application to other departments and to any other appropriate governmental or quasi-governmental agencies and bodies to solicit comments and ensure that the proposal complies with all applicable standards, requirements, and review criteria. The applicant shall be responsible for submitting any additional information or revised plans required by staff or the referral agencies in a timely manner. As applicable, the review and decision-making bodies shall consider the services and facilities provided by the referral agencies as a factor in approval of the complete application. The criteria for evaluating sufficiency of the services that must be satisfied for the approval of the application shall be provided to the review and decision-making bodies as a part of any referral response.

(2)

Referral agencies shall comment in writing after receiving a complete application. The failure of any agency to respond shall be considered "no comment" on the application by that agency. As applicable, referring agencies will provide the review and decision-making bodies with a summary of any capacity evaluation study that assesses the availability of city-provided facilities or services to the proposed development. The summary will include an explanation of the agency's assumptions regarding available capacity.

(3)

The city manager or his/her designee and referral agencies shall use best efforts to identify all major issues and to request additional information, data, or reports from the applicant during the review period described above. This provision shall not be interpreted to preclude the city manager or his/her designee or referral agencies from requesting revisions or corrections to previously submitted materials if such materials are subsequently found to be inaccurate, incomplete, or if subsequent plan revisions do not comply with this section or other requirements of the zoning ordinance.

(4)

The city manager or his/her designee shall prepare a written report summarizing the review process and provide a recommendation on the application, when not serving as the approval authority. When the city council is the approval authority, a planning and zoning commission recommendation will also be forwarded for consideration.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

The proper review authority (city manager or his/her designee, planning and zoning commission, city council, or board of adjustment) is established for each type of application procedure in outlined in this article. The review authority shall evaluate the application, referral comments, staff report, and public testimony, if any, and make a recommendation to the decision-making authority to approve, approve with conditions, continue for additional information or for further study, or deny the application.

(2)

The review authority's recommendation shall be based on the evidence presented and compliance with the general review criteria identified in section 39.4.2-6 below and the specific review criteria for each process outlined in this article.

(3)

The proper decision-making authority (city manager or his/her designee, planning and zoning commission, city council, or board of adjustment) is established for each type of procedure in the specific review procedures (see table 39.4.2-1a).

(4)

A decision-making authority may take action on an application or appeal by approving, approving with conditions, continuing, or holding for additional information or for further study, or denying the application or appeal.

(5)

The review authority's final action shall be based on the evidence presented and compliance with the general review criteria identified in section 39.4.2-6 below and the specific review criteria for each process outlined in this article.

(6)

An applicant shall have the right to withdraw an application, without prejudice, at any time prior to action on the application at a public hearing or meeting. The applicant shall submit in writing the withdrawal request to the city manager or his/her designee, and after such withdrawal, the city will not take further action on the application. The application shall be considered terminated, and no rights shall vest based on the application. To re-initiate review, the applicant may resubmit the application; in all respects, it shall be treated as a new application for purposes of review, scheduling, and payment of application fees. Withdrawal of an application from a public hearing or meeting agenda is at the review or decision-making authority's discretion.

(7)

The review or decision-making authority may continue the public hearing for its consideration of the application for a definite time not to exceed 60 days, unless a longer period is agreed to by the applicant in writing or at a public hearing. The continuance may be granted by the review or decision-making authority on its own initiative or at the request of the applicant or affected property owners. A review or decision- making body may also deny a request for continuation.

(8)

As part of its consideration of the application, the review or decision-making authority may, as a group or through a committee appointed for that purpose, inspect the site of the proposed development activity. The site visit may occur at any time prior to the review or decision-making authority's final recommendation or action on the application. Attendance at a site visit by a quorum of the subject review or decision-making authority membership shall be properly noticed according to law.

(9)

Recommendations or decisions at the conclusion of any required public hearing shall be accompanied by written findings of fact addressing how the application does or does not comply with the general review criteria or specific review criteria stated in the zoning ordinance for that type of application. All findings of fact shall be based on information contained in the application, staff report, or evidence submitted or arising during the public hearing.

(10)

Conditions may be attached to approvals, subject to the following provisions:

(a)

The review or decision-making authority may recommend or impose such conditions upon the subject development as is necessary to carry out the general purpose and intent of the zoning ordinance. Conditions and additional information requirements shall be in written form and attached to the approved ordinance, site plan, or permit.

(b)

Conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development and shall be based upon the review criteria specified in each procedure.

(c)

The decision-making authority may place specific time limits on the satisfaction of any condition of approval. If a time limit is not specified by V.T.C.A., Local Government Code, Chapter 245, in the approval, or in the specific provisions of the zoning ordinance, a one-year time limit shall apply.

(d)

The decision-making authority may require financial guarantees from the applicant where it finds such guarantees are necessary to ensure compliance with conditions of approval and protect the public health, safety, or welfare. The city shall release such guarantees when the city manager or his/her designee has determined that all conditions attached to the approval have been or will be satisfied.

(e)

Conditions of approval shall be met or financial guarantees provided prior to the issuance of a certificate of occupancy or the appropriate final permit required by the city.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

Unless otherwise specified in this section or the specific procedure, city review and decision-making bodies shall review all development applications submitted pursuant to this section for compliance with the general review criteria stated below. The application may also be subject to additional review criteria specific to the type of application.

(2)

In case of conflict between the general review criteria set forth in this section and the specific review criteria, the specific review criteria shall apply.

(3)

A development application must follow these review criteria prior to the issuance of a certificate of occupancy or the appropriate final permit required by the city unless these are in conflict with specific criteria provided elsewhere in this article and/or unless otherwise provided for in the development approval. These general review criteria are:

(a)

Consistency with comprehensive plan. The proposal is consistent with the City of Palestine Comprehensive Plan and any applicable adopted plan. The decision-making authority shall weigh competing plan goals, policies, and strategies and may approve an application that provides a public benefit even if the development is contrary to some of the goals, policies, or strategies in the City of Palestine Comprehensive Plan or other applicable plans.

(b)

Compliance with use and development standards. The proposal complies with all applicable use standards, site development standards, design standards, subdivision standards, public improvement standards, floodplain management standards, and all other applicable substantive standards stated in the zoning ordinance, or other applicable city code. Such compliance shall be applied at the level of detail required for the subject submittal, and those standards which are not otherwise modified, varied, or waived as allowed by the zoning ordinance.

(c)

Compliance with other applicable regulations. As applicable, prior to final approval of the proposed development pursuant to the zoning ordinance, the proposed development complies with all other city regulations and with all applicable regulations, standards, requirements, or plans of the federal or state governments and other relevant jurisdictions, including, but not limited to, wetlands, water quality, erosion control, and wastewater regulations.

(d)

Minimize adverse environmental impacts. The proposed development meets or exceeds all environmental protection standards of the zoning ordinance and other city codes and is designed to minimize negative impacts and does not cause significant adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater management, scenic resources, wildlife habitat, soils, native vegetation, and the natural functioning of the environment.

(e)

Minimize adverse impacts on surrounding property. The proposed development protects the existing character of neighboring properties and uses, and does not cause significant adverse impacts on surrounding properties.

(f)

Minimize adverse fiscal or economic impacts. The proposed use will not result in significant adverse fiscal or economic impacts on the city.

(g)

Compliance with utility, service, and improvement standards. As applicable, the proposed development complies with federal, state, county, and/or service district standards and design/construction specifications for roads, access, drainage, water, sewer, schools, and emergency/fire protection.

(h)

Provide adequate road systems. There is adequate road capacity available to serve the proposed use, and the proposed use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site, including adequate access onto the site for fire, public safety, and EMS services.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

[Required.] Unless otherwise stated in the zoning ordinance, notice for all public hearings shall be given pursuant to this section. Notice may be written (mailed), and/or published (newspaper), as further described in this section. Agenda notice shall be posted and published on a board at city hall and on the city's website a minimum of 72 hours prior to a meeting.

(2)

Published notice. When the provisions of the zoning ordinance require that notice be published, the city shall be responsible for preparing the content of the notice and publishing the notice in a newspaper of general circulation that has been selected by the city. Notice of the public hearing shall be given by publication one time of a legal notice in a newspaper of general circulation in the city at least 16 days prior to the date of the hearing.

(3)

Written notices. When the provisions of the zoning ordinance require that written or mailed notice be provided, the city manager or his/her designee shall be responsible for preparing and mailing the written notice, in accordance with the following:

(a)

Written notice of a public hearing shall be mailed at least 11 days in advance of the public hearing.

(b)

The owner of the property, and all owners of real property, as shown by the most recent tax roll of the city, within 200 feet of the property on which the approval is sought shall be notified of the public hearing by mail.

(c)

The written notice shall contain the following information:

i.

The date, time and place of the hearing.

ii.

A description reasonably calculated to inform a person of the location of the property which is the subject of the hearing.

iii.

The sections of the code pertinent to the hearing procedure.

iv.

A statement that written documents may be examined and written comments accepted during normal business hours in the office of the city secretary at city hall. E-mailed statements to the city will be considered in lieu of written documents mentioned above.

(d)

Mailed notice to property owners shall be required only for the initial presentation of the proposed development at a public hearing. Additional mailed notice in the case of a continuance or other situation where the hearing is continued with a specific future date, and/or a decision is deferred to a future date at the initial public hearing shall not be required unless otherwise directed by the city council.

(e)

The applicant shall be responsible for paying any additional fees for the purposes of re-notifying adjacent property owners if the hearing is deferred or continued at the applicant's request. The city manager or his/her designee shall be responsible for preparing and mailing additional notices.

(f)

If an item scheduled for initial presentation at a public hearing is withdrawn by the applicant without having been presented, then the applicant shall pay any additional fees for the purposes of re-notifying adjacent property owners of the future meeting at which the item will be considered in accordance with this section.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

[Applicability]. This section shall apply to zoning ordinance amendments on more than one property with different owners. The zoning regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified, or repealed and shall be deemed to amend, supplement, change, modify, or repeal the comprehensive plan of the city and shall become a part of such comprehensive plan.

(2)

Amendment initiation. Any citizen, city manager or his/her designee, or members of any boards or commission may petition the city council for a change or amendment to the provisions of this ordinance [chapter] or the planning and zoning commission may on its own motion or on request from the city council, institute a study and proposal for changes and amendments in the public interest.

(3)

Procedure. All requests for amendments to zoning district boundaries and specific uses shall be submitted to the city manager or his/her designee which shall cause notices to be sent as required by law and the application placed on the planning and zoning commission agenda. The city council may refer proposed amendments to the planning and zoning commission for recommendation. Before taking any action on any proposed amendment, supplement, or change, the city council shall submit the same to the planning and zoning commission for its recommendation and final report.

(4)

Application and fees. All applications for amendments under this section shall be accompanied by an application fee for processing amendments which are heard before the planning and zoning commission and the city council. These fees shall be in an amount set forth in the fee schedule adopted by the city council. In the event that the amendments have been initiated by the city manager or his/her designee, planning and zoning commission, or the city council there shall be no fee.

(5)

[Required information.] All applications shall contain the following information:

(a)

Accurate legal description of the subject property which is either a lot and block number to a plat of record in the Anderson County deed records or a metes and bounds description which will close and properly identify the property;

(b)

Location and street address of subject property;

(c)

Name, address, and telephone number of the present owner(s) of the property, together with proof of ownership. Proof of ownership may be made with the original of a deed or other instrument of conveyance or by certified copy of such instrument or by owner's or mortgagee's policy of title insurance or by the attorney's opinion of title by any attorney licensed to practice law in the State of Texas;

(d)

Current zoning classification;

(e)

Current status of development of subject property including general statement of its development and description of all existing improvements;

(f)

The desired zoning classification;

(g)

Applicant's reasons for desiring zoning change;

(h)

Existing deed restrictions, proposed deed restrictions;

(i)

Current status of planning and proposed development and time required for proposed development; and

(j)

Surveyor's map or plat of the proposed property if deemed necessary by the city building inspector;

(6)

Notice and public hearing before the planning and zoning commission. The planning and zoning commission shall hold a public hearing on any application for any amendment or change prior to making its recommendation report to the city council.

(a)

In the event the change affects less than one-fourth area of the city:

i.

Notice of the public hearing before the planning and zoning commission shall be given by posting an agenda in conformance with the Texas Open Records Act.

ii.

Written notice of all public hearings before the planning and zoning commission on a proposed amendment or change shall be sent to all owner(s) of real property that will be affected and to the owner(s) of real property lying within 200 feet of the properties on which the change is requested/being considered including the area of any intervening streets. Such notice shall be mailed 11 days before the date set for hearing by posting such notice, properly addressed and postage paid, to each property owner as ownership appears on the last approved city tax roll.

iii.

Notice shall also be published in the newspaper of record 16 days before the date set for the hearing.

(b)

In the event the change affects the overall city and/or more than one-fourth area of the city:

i.

Notice of the public hearing by posting an agenda in conformance with the Texas Open Records Act; and

ii.

Published notice in the newspaper of record 16 days before the date set for the hearing shall be required.

(7)

Notice and public hearing before the city council. A public hearing shall be held by the city council before adopting a proposed amendment, supplement, or change.

(a)

In the event the change affects less than one-fourth area of the city:

i.

Notice of the public hearing before the city council shall be given by posting an agenda in conformance with the Texas Open Records Act.

ii.

Written notice of all public hearings before the city council on a proposed amendment or change shall be sent to all owner(s) of real property that will be affected and to the owner(s) of real property lying within 200 feet of the properties on which the change is requested/being considered including the area of any intervening streets. Such notice shall be mailed 11 days before the date set for hearing by posting such notice, properly addressed and postage paid, to each property owner as ownership appears on the last approved city tax roll.

iii.

Notice shall also be published in the newspaper of record 16 days before the date set for the hearing.

(b)

In the event the change affects the overall city and/or more than one-fourth area of the city:

i.

Notice of the public hearing by posting an agenda in conformance with the Texas Open Records Act; and

ii.

Published notice in the newspaper of record 16 days before the date set for the hearing shall be required.

(8)

[Denial by planning and zoning commission.] If a proposed amendment, supplement, or change has been denied by the planning and zoning commission, or if a protest against the proposed amendment, supplement, or change has been filed with the city secretary, duly signed and acknowledged by the owner(s) of 20 percent or more of the area of the lots included in such proposed change, or of the lots of land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council. In computing the percentage of land area, the area of streets and alleys shall be included in the computation. No change, however, shall become effective until after the adoption of an ordinance for the same and publication as required by law. Publication of said change shall be accomplished by publishing the descriptive caption and penalty clause of the ordinance amending the comprehensive plan to incorporate the change.

(9)

New and unlisted uses. It is recognized that new types of land use will develop, and forms of land use not anticipated may seek to locate in the City of Palestine. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

(a)

The city manager or his/her designee shall refer the questions concerning any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning classification in which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer;

(b)

Notice of the question of any new and unlisted use before the planning and zoning commission shall be given according to subsection 39.4.2-9(6);

(c)

The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted; and

(d)

The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council shall then hold a public hearing to receive input on any new or unlisted use into the comprehensive zoning ordinance. The public hearing before the city council shall be noticed as provided in subsection 39.4.2-9(7). The city council may approve the recommendation of the planning and zoning commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

Development or building permit required.

(a)

A property owner shall obtain a development permit from the city prior to developing, redeveloping or dividing land within the city's extra-territorial jurisdiction (ETJ) or obtain a building permit from the city prior to developing, redeveloping or dividing land within the city limits. A development permit or a building permit shall be issued to a developer by the city for the actions defined below and upon satisfactory evidence of compliance with the standards contained in this chapter.

(b)

A development or building permit is required for the following actions:

i.

New construction, alterations, enlargement, or modification of building/structure;

ii.

Change, alteration, enlargement, or modification of nonconforming uses;

iii.

Construction of public improvements (see chapter 40);

iv.

Reclamation of land/drainage improvements (reclamation permit) (see chapter 40);

v.

Sign placement and erection (sign permit) (article III, division 6); and/or

vi.

Grading and excavation of land (grading and excavation permit) (see chapter 40).

(c)

Application for issuance of a development permit.

i.

The property owner shall submit an application on forms provided by the city for issuance of a development, building, or related permit. Each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees to cover the costs of processing the application. Each application shall be accompanied by five copies of a site plan as described in subsection (d) of this section.

ii.

The city shall approve, conditionally approve, or disapprove the application within 30 days of filing as to the approval, conditional approval or disapproval of the application. If disapproved, the city shall cite reasons for denial and, if approved, a development or building permit shall be issued to the property owner. If the application is disapproved or conditionally approved, the property owner may make appropriate alterations or otherwise show evidence of meeting the standards of this chapter. Conditional approval shall be considered disapproval until such time as the stated conditions are met by the property owner. Resubmission or providing additional information to meet conditions within 30 days shall not require payment of fees (unless meeting conditions requires a separate application).

(d)

Site plans. The property owner shall submit site plans, in accordance with section 39.4.3-4 of this chapter 39 for obtaining a development or building permit under this chapter. The property owner shall also provide a certified copy of any instrument which contains a restriction on the use of, or construction of, the lot, together with a certified copy of any amendment, judgment or other document affecting the use of the property.

(e)

The city shall not issue a building or development permit for the erection, alteration, moving or repair of any building or structure or any other permit authorized by the chapter until a certificate of compliance has been issued by the city. Issuance of such a certificate shall indicate that the plans for which the building or development permit is requested complies with the official zoning map. The city shall maintain a record of all certificates of compliance in the associated building or development permit file, and such record shall be open for public inspection.

(f)

A development or building permit shall expire in two years from the time of issuance if no building/ construction occurs on the property per the issued permit.

(2)

Certificate of occupancy.

(a)

No person shall not occupy, use or change the use of any building, structure or land until a certificate of occupancy has been issued by the city stating that the building or proposed use of a building or structure or premises complies with the building code and other development codes of the city. A certificate of occupancy shall be required for any of the following:

i.

Occupancy and use of a building or structure hereafter erected, altered or structurally altered;

ii.

Change in use of an existing building or structure to a use of a different zoning and/or building code classification;

iii.

Occupancy and use of vacant land except for agricultural purposes;

iv.

Change in the use of land to a use of a different classification;

v.

Any change in the use of a nonconforming use.

(b)

The certificate of occupancy shall state that at the time of issuance the structure or the proposed use of the land complies with the provisions of this chapter. The city shall maintain a record of all certificates of occupancy, and such record shall be open for public inspection.

(c)

Where a new building or structure, or an existing building or structure, is proposed to be altered, the application for a building permit shall also be considered an application for a certificate of occupancy.

(d)

Where the owner proposes to use vacant land, or proposes to change the use of land, or of a building or structure, or for a change in a nonconforming use, a separate application form provided by the city shall be used.

(e)

Upon determination that the request for a certificate of occupancy meets all standards as contained in this chapter, the city shall issue a certificate of occupancy within ten days.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

Applicability. Any person having a proprietary interest in any property may petition the city council for a change or amendment to the provisions of this ordinance [chapter] as it pertains to that property or the planning and zoning commission, city council, or city manager or his/her designee may on its own motion or on request from the city council, institute a study and proposal for changes and amendments in the public interest.

(2)

Procedure. Any property owner wishing to change zoning on the property may make an application to the city manager or his/her designee in the following manner:

(a)

All requests for amendments to zoning district boundaries and other regulations applicable to certain zoning districts shall be submitted together with required fees to the city manager or his/her designee which shall cause public notices to be sent as required per section 39.4.2-7 and subsection 39.4.2-8(6)(a) and the application placed on the planning and zoning commission agenda for a public hearing.

(b)

A recommendation from the planning and zoning commission shall cause public notices to be sent as required per section 39.4.2-7 and subsection 39.4.2-8(7)(a) and the application placed on the city council agenda for a public hearing.

(c)

All requests for changes in zoning districts shall include the proposed designation or designations for the area concerned and shall be accompanied by an application fee for processing. These fees shall be in an amount set forth in the fee schedule adopted by the city council. In addition to the required fee, each application shall contain the following information:

i.

Accurate legal description of the subject property which is either a lot and block number to a plat of record in the Anderson County deed records or a metes and bounds description which will close and properly identify the property;

ii.

Location and street address of subject property;

iii.

Name, address, and telephone number of the present owner(s) of the property, together with proof of ownership. Proof of ownership may be made with the original of a deed or other instrument of conveyance or by certified copy of such instrument or by owner's or mortgagee's policy of title insurance or by the attorney's opinion of title by any attorney licensed to practice law in the State of Texas;

iv.

Current zoning classification;

v.

Current status of development of subject property including general statement of its development and description of all existing improvements;

vi.

The desired zoning classification;

vii.

Applicant's reasons for desiring zoning change;

viii.

Existing deed restrictions, proposed deed restrictions;

ix.

Current status of planning and proposed development and time required for proposed development;

x.

Surveyor's map or plat of the proposed property if deemed necessary by the city manager or his/her designee; and

xi.

Each application must be signed by the owner(s), or owner(s) agent, giving applicant's mailing address and his proprietary status with reference to the property. In addition, each application shall contain a certificate signed and sworn by the applicant stating that the applicant is the owner(s) or agent(s) of the owner(s) of the subject property and therefore authorized to make such application.

(d)

The application fee will entitle applicant to have his application processed for a change of zoning for a single, contiguous parcel of property. When in the opinion of the city manager or his/her designee, the tract to be rezoned is so large that the expenses of the city will exceed the application fee, the city manager or his/her designee may require a fee to be paid equal to the city's expense in sending out and publishing the notice required by state law for a change of zoning.

(3)

Standards for approval. The planning and zoning commission and the city council shall consider the following when reviewing an application for rezoning of property:

(a)

Approval of the request is compatible with the comprehensive plan;

(b)

Approval of the request shall not cause spot zoning to occur;

(c)

Approval of the request will not allow development of the property in a manner incompatible with neighboring properties; unless the neighboring properties are nonconforming and/or not in compliance with the comprehensive plan and approval of the rezoning will bring the requested property in compliance with this chapter and the city's comprehensive plan; and

(d)

Approval of the request will allow all land uses of the requested zoning district on the property.

(4)

Effect of denial. "Denial with prejudice" of the rezoning request by the city council will require a two-year wait period before a similar request on that property can be reconsidered by the city. A simple "denial" of the rezoning request by the city council will require a six-month wait period before a similar request on that property can be reconsidered by the city.

(5)

Validity. Approval of a zoning district request is not time or owner specific but stays with the property, until such time that the entire process is repeated to change the zoning district and/or zoning regulations on the property.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

Applicability. When allowed in section 39.2.2-13 land use chart, a person may petition the city council to approve a special use permit for such use on a property that they have a proprietary interest in accordance with the requirements and procedures set forth in this section.

(2)

Procedure. Any property owner wishing to use their property for a land use that is allowed by special use permit may make an application to the city manager or his/her designee in the following manner:

(a)

All requests for a special use permit shall be submitted together with required fees to the city manager or his/her designee which shall cause public notices to be sent as required per section 39.4.2-7 and subsection 39.4.2-8(6)(a) by law and the application placed on the planning and zoning commission agenda for a public hearing.

(b)

A recommendation from the planning and zoning commission shall cause public notices to be sent as required per section 39.4.2-7 and subsection 39.4.2-8(6)(a) by law and the application placed on the city council agenda for a public hearing.

(c)

Before taking any action on a specific use permit (SUP) application, the city council shall receive and review the planning and zoning commission recommendation and final report. All requests for specific use permit (SUP) shall include an application fee for processing the request and hearings before the city planning and zoning commission and the city council. These fees shall be in an amount set forth in the fee schedule adopted by the city council. In addition to the required fee, each application shall contain the following information:

i.

Accurate legal description of the subject property which is either a lot and block number to a plat of record in the Anderson County deed records or a metes and bounds description which will close and properly identify the property;

ii.

Location and street address of subject property;

iii.

Name, address, and telephone number of the present owner(s) of the property, together with proof of ownership. Proof of ownership may be made with the original of a deed or other instrument of conveyance or by certified copy of such instrument or by owner's or mortgagee's policy of title insurance or by the attorney's opinion of title by any attorney licensed to practice law in the State of Texas;

iv.

Current zoning classification;

v.

Current status of development of subject property including general statement of its development and description of all existing improvements;

vi.

Applicant's reasons for desiring specific use permit (SUP);

vii.

Existing deed restrictions, proposed deed restrictions;

viii.

Current status of planning and proposed development and time required for proposed development;

ix.

A site plan as described in subsection 39.4.3-4(2)(d);

x.

Surveyor's map or plat of the proposed property if deemed necessary by the city manager or his/her designee; and

xi.

Each application must be signed by the owner(s), or owner(s) agent, giving applicant's mailing address and his proprietary status with reference to the property. In addition, each application shall contain a certificate signed and sworn by the applicant stating that the applicant is the owner(s) or agent(s) of the owner(s) of the subject property and therefore authorized to make such application.

(d)

The application fee will entitle applicant to have his/her application processed to allow a specific use for a single, contiguous parcel of property. When in the opinion of the city manager or his/her designee, the property requesting the specific use permit (SUP) is so large that the expenses of the city will exceed the application fee, the city manager or his/her designee may require a fee to be paid equal to the city's expense in sending out and publishing the notice required by state law for a specific use permit (SUP).

(3)

Standards for approval. The planning and zoning commission and the city council shall consider the following when reviewing an application for a specific use permit (SUP) on a property:

(a)

Conformance with applicable regulations and standards established by this zoning ordinance;

(b)

Compatibility with the comprehensive plan;

(c)

Compatibility with existing or permitted uses on neighboring properties in terms of building height, bulk, scale, setbacks, open spaces, landscaping and site development, and access and circulation capacity; unless the neighboring properties are nonconforming and/or not in compliance with the comprehensive plan and approval of the specific use permit (SUP) will bring the requested property in compliance with this chapter and the city's comprehensive plan;

(d)

Potentially unfavorable effects or impacts on existing or permitted uses on adjacent sites, to the extent such impacts exceed those that reasonably may result from use of the site by a permitted use, including without limitation:

i.

Location, lighting and type of signs, and the relation of signs to adjacent properties;

ii.

Noise producing elements;

iii.

Glare of vehicular and stationary lights and effect of such lights on the established character of the neighborhood;

iv.

Safety from fire hazard, and measures for fire control; and

v.

Protection of adjacent property from drainage, floods, erosion or other water damage.

(e)

Safety and convenience of vehicular and pedestrian circulation on the premises and in the area immediately surrounding the site, and the effect of traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and proposed land uses in the area and the ability of the city's existing transportation network to handle the traffic.

(4)

Effect of denial. "Denial with prejudice" of the specific use permit (SUP) request by the city council will require a two-year wait period before a similar request on that property can be reconsidered by the city. A simple "denial" of the specific use permit (SUP) request by the city council will require a six-month wait period before a similar request on that property can be reconsidered by the city.

(5)

Validity. Approval of a specific use request is not owner specific but stays with the property, until such time that the entire process is repeated to amend/repeal the specific use permit (SUP) from the property. A specific use permit (SUP) shall automatically expire in the following cases:

(a)

Time period specified in the specific use permit (SUP) ordinance has expired;

(b)

There is a change in use on the property;

(c)

The use is relocated; or

(d)

The use ceases for a period of six consecutive months.

(6)

Procedures for the manufactured home specific use permit.

(a)

Complete and submit a specific use permit application. A site plan, a floor plan, and pictures of the proposed home must be submitted. A permit fee, as stated in appendix B—Fee schedule, is due at the time of submittal.

(b)

The building permits office will send out notifications by certified mail to each taxpayer as ownership appears on the last approved tax roll, located within a 200-foot radius of the proposed property at least ten days prior to the next regularly scheduled planning and zoning commission meeting. The notifications will request a reply of "in favor" or "opposed" from the property owners regarding the placement of the manufactured home.

(c)

Planning and zoning commission and the city council person from that said council district will review the submittal documents and the property owners' reply letters. An approval will be given if at least 50 percent of the reply letters received from each taxpayer as ownership appears on the last approved tax roll, and have an "in favor" reply; along with an approval from a majority of the commission with the council person's approval. At this time, the approval is final, and a building permit is issued by the building official.

(d)

A city council approval is required for the specific use permit when it is not approved by the planning and zoning commission. A public notice is published in the local newspaper at least 15 days prior to the next regularly scheduled city council meeting. The city council may or may not overturn the decision made by the planning and zoning commission.

(e)

Manufactured homes proposed within the manufactured home overlay district do not require the specific use permit.

(f)

The placement of the manufactured home requires the following conditions:

i.

The front of the mobile home shall face the street. For purposes of this section, the front of the mobile home will always be on one of the longest sides of the mobile home and shall be the side of the home which is more attractive and designed by the manufacturer with the more attractive "front door".

ii.

The lot shall provide all-weather off-street parking spaces for two vehicles.

iii.

Only double-wide mobile homes shall be considered for a specific use permit.

iv.

No mobile home manufactured over five years from the date of filing for the specific use permit shall be allowed.

v.

Non-combustible and solid underpinning shall be installed prior to a certificate of occupancy being issued.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021; Ord. No. O-13-24, § 3(Exh. B), 5-28-2024)

(1)

Applicability. Any person having a proprietary interest in any property may petition the city for a planned unit development zoning on his/her property anywhere in the city, or the planning and zoning commission, city council, or city manager or his/her designee may on its own motion or on request from the city council, institute a study and proposal for a planned unit development on a particular property/area in the public interest.

(2)

Procedure. Any property owner wishing to change zoning on the property to a planned unit development may make an application to the city manager or his/her designee in the following manner:

(a)

All requests for a planned unit development shall be submitted together with required fees to the city manager or his/her designee which shall cause public notices to be sent as required per section 39.4.2-7 and subsection 39.4.2-8(6)(a) and the application placed on the planning and zoning commission agenda for a public hearing.

(b)

A recommendation from the planning and zoning commission shall cause public notices to be sent as required per section 39.4.2-7 and subsection 39.4.2-8(7) and the application placed on the city council agenda for a public hearing.

(c)

All requests for a planned unit development shall include an application fee for processing. These fees shall be in an amount set forth in the fee schedule adopted by the city council. In addition to the required fee, each application shall contain the following information:

i.

Accurate legal description of the subject property which is either a lot and block number to a plat of record in the Anderson County deed records or a metes and bounds description which will close and properly identify the property;

ii.

Location and street address of subject property;

iii.

Name, address, and telephone number of the present owner(s) of the property, together with proof of ownership. Proof of ownership may be made with the original of a deed or other instrument of conveyance or by certified copy of such instrument or by owner's or mortgagee's policy of title insurance or by the attorney's opinion of title by any attorney licensed to practice law in the State of Texas;

iv.

Current zoning classification;

v.

A narrative describing the applicant's reasons for desiring the proposed planned unit development, the proposed time frame of development, the proposed uses, density, and the area, height and placement requirements, all supplemental requirements such as site design, building design, landscaping, parking and loading, screening and fencing etc. shall also be provided or be referred to article III of this zoning ordinance, and documentation indicating how the qualifying conditions in the standards of subsection 39.2.2-11(4) are met;

vi.

A concept plan showing a general site layout;

vii.

Existing deed restrictions, proposed deed restrictions;

viii.

Surveyor's map or plat of the proposed property if deemed necessary by the city manager or his/her designee;

ix.

Each application must be signed by the owner(s), or owner(s) agent, giving applicant's mailing address and his proprietary status with reference to the property. In addition, each application shall contain a certificate signed and sworn by the applicant stating that the applicant is the owner(s) or agent(s) of the owner(s) of the subject property and therefore authorized to make such application; and

x.

Any additional information requested by the planning and zoning commission and/or city council to better assist in the determination of planned unit development qualification such as, but not limited to, market studies, fiscal impact analysis, traffic impact studies, and environmental impact assessments.

(d)

The application fee will entitle applicant to have his application processed for a change of zoning to a planned unit development for a single, contiguous parcel of property. When in the opinion of the city manager or his/her designee, the tract to be rezoned to planned unit development is so large that the expenses of the city will exceed the application fee, the city manager or his/her designee may require a fee to be paid equal to the city's expense in sending out and publishing the notice required by state law for a change of zoning.

(e)

Changes to concept plan and/or regulations of an approved planned unit development shall be permitted only under the following circumstances:

i.

Minor changes. A minor change may be approved by the city manager or his/her designee, according to the requirements of this section. A change that would alter any specified conditions imposed by the planning and zoning commission and/or the city council as part of the original approval shall not be considered as a minor change. Minor changes are as follows:

I.

Reduction of the size of any building and/or sign.

II.

Movement of buildings or signs by no more than 20 feet, provided setbacks are not reduced.

III.

Landscaping that is replaced by similar landscaping to an equal or greater extent.

IV.

Changes in concept plan that do not alter the character of the use or increase the amount of required parking.

V.

Internal rearrangement of a parking lot that does not affect the number of parking spaces, access locations, or design.

VI.

Changes required or requested by the city, state, or federal regulatory agency to conform to laws or regulations.

ii.

Major changes. A change that the city manager or his/her designee determines is not minor must be submitted as an amendment to the planned unit development and shall be processed in the same manner as the original planned unit development application.

(3)

Standards for approval. The planning and zoning commission and the city council shall consider the following when reviewing an application for rezoning the property to a planned development unit:

(a)

The proposed planned unit development is needed to create a development of higher quality than the current zoning districts in article II and supplemental regulations in article III shall allow;

(b)

The proposed planned unit development is compatible with the comprehensive plan;

(c)

The proposed planned unit development is in compliance with section 39.2.2-11;

(d)

The proposed planned unit development shall be designed, constructed, operated, and maintained in a manner harmonious with the character of adjacent property, the surrounding uses of land, the natural environment, and the capacity of public services and facilities affected by the development;

(e)

The proposed planned unit development shall not change the essential character of the surrounding area;

(f)

The proposed planned unit development shall not be hazardous to adjacent property or involve uses, activities, materials, or equipment that will be detrimental to the health, safety, or welfare of persons or property through the excessive production of traffic, noise, smoke, fumes, or glare; and

(g)

The proposed planned unit development shall not place demands on public services and facilities in excess of current or anticipated future capacity.

(4)

Effect of denial. "Denial with prejudice" of the proposed planned unit development request by the city council will require a two-year wait period before a similar request on that property can be reconsidered by the city. A simple "denial" of the proposed planned unit development request by the city council will require a six-month wait period before a similar request on that property can be reconsidered by the city.

(5)

Validity. Approval of the planned unit development request is not time or owner specific but stays with the property, until such time that the entire process is repeated to change the zoning district and/or zoning regulations on the property.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

Applicability. A building permit may not be issued in the City of Palestine without a site plan review for multifamily developments, mixed use developments, commercial developments, or a specific use permit, except for very small or accessory structures as exempted by the city manager or his/her designee. A site plan review shall be required for new or expanded structures and any proposed redevelopment that is:

(a)

A minimum of 2,500 square feet; or

(b)

Meets or exceeds 20 percent increase in existing gross square footage.

(2)

Procedure.

(a)

Site plan review for a specific use permit shall be processed as a part of the specific use permit approval process by the city council per section 39.4.3-2 of this chapter 39.

(b)

All other site plan reviews shall be approved administratively by the city manager or his/her designee.

(c)

All requests for a site plan review shall be submitted together with required fees to the city manager or his/her designee which shall cause the application to be circulated to the various development related departments in the city to ensure that the site plan meets all city regulations.

(d)

All requests for a site plan review shall include an application fee and a site plan, drawn at a recognized engineering scale, not greater than one inch equals 100 feet, on a minimum eight and one-half-inch by 11-inch sheet, shall provide the following information:

i.

The date, scale, north arrow, zoning district, title, name of owner and name of person preparing the site plan.

ii.

The location and dimensions of boundary lines, easements and required yards and setbacks of all existing and proposed buildings and land improvements.

iii.

The location, height and intended use of existing and proposed buildings on the site, and the approximate location of proposed buildings and land improvements.

iv.

The location of existing and proposed site improvements, including parking and loading areas, pedestrian and vehicular access, utility or service areas, fencing and screening and lighting.

v.

The centerline of existing watercourses, drainage features and flow patterns, location and size of existing and proposed streets and alleys, and the limits and elevation of the 100-year floodplain.

vi.

The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements.

vii.

The approximate location and size of proposed signs, if known.

viii.

The location and size of the existing and proposed landscaped areas including approximate locations of trees 18 inches in diameter or greater measured four feet above ground level.

(e)

Once all applicable departments have reported back to the city manager or his/her designee that the site plan meets the city's regulations, the city manager or his/her designee will sign and stamp the site plan and forward one copy to building inspections department and one copy to the applicant.

(3)

Standards for approval. The city manager or his/her designee shall approve the site plan once it meets the regulations of chapter 39 as well as the requirements in the city's public works manual, City of Palestine's Fire Code and Building Code and any other applicable regulations of the City's Code of Ordinances such as alcoholic beverages, businesses, aviation, animals, cemeteries, solid waste and so on.

(4)

Effect of denial.

(a)

A "denial" of the proposed site plan attached with the specific use permit application request by the city council will require an amendment of the site plan before the request will be reconsidered by the city council.

(b)

An administrative denial of the site plan by the city manager or his/her designee maybe appealed to the board of adjustments in accordance with section 39.4.3-8 "appeal of the building official's decision" of this chapter 39.

(5)

Validity. Approval of a site plan shall automatically expire in the following cases:

(a)

Proposed redevelopment (either land or structure) that is:

i.

A minimum of 2,500 square feet; or

ii.

Meets or exceeds 20 percent increase in existing gross square footage, as compared to the original approved site plan; or

(b)

No building permit has been issued for two years since the date of the approval of the site plan.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

Applicability. Any person having a proprietary interest in any property may petition the city for a waiver to the requirements of article III, divisions 1 through 6 of this chapter 39.

(2)

Procedure. Any property owner wishing to change requirements contained in article III, divisions 1 through 7 of this chapter 39 on the property may make an application for a waiver to the city manager or his/her designee in the following manner:

(a)

All requests for a waiver shall be submitted together with required fees to the city manager or his/her designee which shall cause public notices to be sent as required per section 39.4.2-7 and subsection 39.4.2-8(6)(a) and the application placed on the planning and zoning commission agenda for a public hearing.

(b)

A recommendation from the planning and zoning commission shall cause public notices to be sent as required per section 39.4.2-7 and subsection 39.4.2-8(7)(a) and the application placed on the city council agenda for a public hearing.

(c)

All requests for a waiver shall include an application fee for processing. These fees shall be in an amount set forth in the fee schedule adopted by the city council. In addition to the required fee, each application shall contain the following information:

i.

Location and street address of subject property;

ii.

Name, address, and telephone number of the present owner(s) of the property, together with proof of ownership. Proof of ownership may be made with the original of a deed or other instrument of conveyance or by certified copy of such instrument or by owner's or mortgagee's policy of title insurance or by the attorney's opinion of title by any attorney licensed to practice law in the State of Texas;

iii.

Current zoning classification;

iv.

A narrative describing the applicant's reasons for desiring the proposed waiver, comparison of the existing requirements proposed to be waived and the new proposed requirements;

v.

Each application must be signed by the owner(s), or owner(s) agent, giving applicant's mailing address and his proprietary status with reference to the property. In addition, each application shall contain a certificate signed and sworn by the applicant stating that the applicant is the owner(s) or agent(s) of the owner(s) of the subject property and therefore authorized to make such application; and

vi.

Any additional information requested by the planning and zoning commission and/or city council to better assist in the determination of waiver qualification such as, but not limited to market studies, fiscal impact analysis, traffic impact studies, and environmental impact assessments.

(d)

The application fee will entitle applicant to have his application processed for a waiver on a single, contiguous parcel of property.

(3)

Standards for approval. The planning and zoning commission and the city council shall consider the following when reviewing an application for a waiver:

(a)

The proposed waiver is needed to create a development of higher quality than the current requirements of article III, divisions 1 through 6 of this chapter 39 shall allow;

(b)

The proposed waiver is compatible with the comprehensive plan;

(c)

The proposed waiver shall not cause a development to be designed, constructed, operated, and maintained in a manner that is not harmonious with the character of adjacent property, the surrounding uses of land, the natural environment, and the capacity of public services and facilities affected by the development;

(d)

The proposed waiver shall not change the essential character of the surrounding area;

(e)

The proposed waiver shall not be hazardous to adjacent property or involve uses, activities, materials, or equipment that will be detrimental to the health, safety, or welfare of persons or property through the excessive production of traffic, noise, smoke, fumes, or glare; and

(f)

The proposed waiver shall not place demands on public services and facilities in excess of current or anticipated future capacity.

(4)

Effect of denial. "Denial with prejudice" of the proposed waiver request by the city council will require a two-year wait period before a similar request on that property can be reconsidered by the city. A simple "denial" of the proposed waiver request by the city council will require a six-month wait period before a similar request on that property can be reconsidered by the city.

(5)

Validity. Approval of the waiver request is not time or owner specific but stays with the property, until such time that the property is redeveloped.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

Applicability. Any person having a proprietary interest in any property may petition the city for a special exception to the requirements of article III, divisions 1 through 7 of this chapter 39.

(2)

Procedure. Any property owner wishing to apply for a special exception to requirements contained in article III, divisions 1 through 7 of this chapter 39 on the property may make an application for a special exception to the city manager or his/her designee in the following manner:

(a)

All requests for a special exception shall be submitted together with required fees to the city manager or his/her designee which shall cause public notices to be sent as follows:

i.

The notice shall follow requirements of section 39.4.2-7;

ii.

Notice of the public hearing before the board of adjustment shall be given by posting an agenda in conformance with the Texas Open Records Act;

iii.

Written notice of a public hearing before the board of adjustment on a proposed special exception shall be sent to all owner(s) of real property that will be affected and to the owner(s) of real property lying within 200 feet of the properties on which the special exception is requested/ being considered including the area of any intervening streets. Such notice shall be mailed 11 days before the date set for hearing by posting such notice, properly addressed and postage paid, to each property owner, as ownership appears on the last approved city tax roll; and

iv.

Notice shall also be published in the newspaper of record 16 days before the date set for the hearing.

(b)

All requests for a special exception shall include an application fee for processing. These fees shall be in an amount set forth in the fee schedule adopted by the city council. In addition to the required fee, each application shall contain the following information:

i.

Location and street address of subject property;

ii.

Name, address, and telephone number of the present owner(s) of the property, together with proof of ownership. Proof of ownership may be made with the original of a deed or other instrument of conveyance or by certified copy of such instrument or by owner's or mortgagee's policy of title insurance or by the attorney's opinion of title by any attorney licensed to practice law in the State of Texas;

iii.

Current zoning classification;

iv.

A narrative describing the applicant's reasons for desiring the proposed special exception, existing requirements proposed for special exception, and impact of the special exception request on surrounding properties;

v.

Each application must be signed by the owner(s), or owner(s) agent, giving applicant's mailing address and his proprietary status with reference to the property. In addition, each application shall contain a certificate signed and sworn by the applicant stating that the applicant is the owner(s) or agent(s) of the owner(s) of the subject property and therefore authorized to make such application; and

(c)

The application fee will entitle applicant to have his application processed for a special exception on a single, contiguous parcel of property.

(3)

Standards for approval. The board of adjustment shall consider the following when reviewing an application for a special exception:

(a)

Granting the special exception will not adversely impact neighboring properties.

(4)

Appeal of the board's decision. A person aggrieved by a decision of the board; a taxpayer; or an officer, department, board, or bureau of the municipality may only file an appeal of the board's decision to a district court, county court, or county court at law within ten days after the date the decision is filed in the board's office.

(5)

Validity. Approval of the special exception is not time or owner specific but stays with the property.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

Applicability. Any person having a proprietary interest in any property may petition the city for a variance from the front yard, side yard, rear yard, lot width, lot depth, lot coverage, floor area for structures accessory to single family uses, height, minimum sidewalks, off-street parking or off-street loading, landscape regulations, or sign regulation requirements in chapter 39.

(2)

Procedure. Any property owner wishing to apply for a variance from the regulations describe in subsection 39.4.3-7(1) above may make an application for a variance to the city manager or his/her designee in the following manner:

(a)

All requests for a variance shall be submitted together with required fees to the city manager or his/her designee which shall cause public notices to be sent as follows:

i.

The notice shall follow requirements of section 39.4.2-7;

ii.

Notice of the public hearing before the board of adjustment shall be given by posting an agenda in conformance with the Texas Open Records Act;

iii.

Written notice of a public hearing before the board of adjustment on a proposed variance shall be sent to all owner(s) of real property that will be affected and to the owner(s) of real property lying within 200 feet of the properties on which the variance is requested/being considered including the area of any intervening streets. Such notice shall be mailed 11 days before the date set for hearing by posting such notice, properly addressed and postage paid, to each property owner, as ownership appears on the last approved city tax roll; and

iv.

Notice shall also be published in the newspaper of record 16 days before the date set for the hearing.

(b)

All requests for a variance shall include an application fee for processing. These fees shall be in an amount set forth in the fee schedule adopted by the city council. In addition to the required fee, each application shall contain the following information:

i.

Location and street address of subject property;

ii.

Name, address, and telephone number of the present owner(s) of the property, together with proof of ownership. Proof of ownership may be made with the original of a deed or other instrument of conveyance or by certified copy of such instrument or by owner's or mortgagee's policy of title insurance or by the attorney's opinion of title by any attorney licensed to practice law in the State of Texas;

iii.

Current zoning classification;

iv.

A narrative describing the applicant's reasons for desiring the proposed variance, existing requirements proposed for variance, and any other supporting documentation proving the need for a variance;

v.

Each application must be signed by the owner(s), or owner(s) agent, giving applicant's mailing address and his proprietary status with reference to the property. In addition, each application shall contain a certificate signed and sworn by the applicant stating that the applicant is the owner(s) or agent(s) of the owner(s) of the subject property and therefore authorized to make such application; and

(c)

The application fee will entitle applicant to have his/her application processed for a variance on a single, contiguous parcel of property.

(3)

Standards for approval. The board of adjustment shall consider the following when reviewing an application for a variance:

(a)

Granting the variance is not contrary to the public interest when, owing to special conditions, a literal enforcement of this chapter would result in unnecessary hardship, and so that the spirit of the ordinance will be observed, and substantial justice done;

(b)

Granting the variance is necessary to permit development of a specific parcel of land that differs from other parcels of land by being of such a restrictive area, shape, or slope, that it cannot be developed in a manner commensurate with the development upon other parcels of land with the same zoning; and

(c)

The variance is not granted to relieve a self-created or personal hardship, nor for financial reasons only, nor to permit any person a privilege in developing a parcel of land not permitted by this chapter to other parcels of land with the same zoning.

(4)

Appeal of the board's decision. A person aggrieved by a decision of the board; a taxpayer; or an officer, department, board, or bureau of the municipality may only file an appeal of the board's decision to a district court, county court, or county court at law within ten days after the date the decision is filed in the board's office.

(5)

Validity. Approval of the variance is not time or owner specific but stays with the property.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

Applicability. Any person having a proprietary interest in any property may appeal an administrative official's decision to the city when that decision concerns issues within the jurisdiction of the board of adjustment.

(2)

Procedure. Any property owner wishing to appeal an administrative official's decision as described in subsection 39.4.3-8(1) above may make an application to the city manager or his/her designee in the following manner:

(a)

All requests for appeal to an administrative official's decision shall be submitted together with required fees to the city manager or his/her designee which shall cause public notices to be sent as follows:

i.

The notice shall follow requirements of section 39.4.2-7;

ii.

Notice of the public hearing before the board of adjustment shall be given by posting an agenda in conformance with the Texas Open Records Act;

iii.

Written notice of a public hearing before the board of adjustment on a proposed appeal to an administrative official's decision shall be sent to all owner(s) of real property that will be affected and to the owner(s) of real property lying within 200 feet of the properties on which the variance is requested/being considered including the area of any intervening streets. Such notice shall be mailed 11 days before the date set for hearing by posting such notice, properly addressed and postage paid, to each property owner, as ownership appears on the last approved city tax roll; and

iv.

Notice shall also be published in the newspaper of record 16 days before the date set for the hearing.

(b)

All requests for appeal to an administrative official's decision shall include an application fee for processing. These fees shall be in an amount set forth in the fee schedule adopted by the city council. In addition to the required fee, each application shall contain the following information:

i.

Location and street address of subject property;

ii.

Name, address, and telephone number of the present owner(s) of the property, together with proof of ownership. Proof of ownership may be made with the original of a deed or other instrument of conveyance or by certified copy of such instrument or by owner's or mortgagee's policy of title insurance or by the attorney's opinion of title by any attorney licensed to practice law in the State of Texas;

iii.

Current zoning classification;

iv.

A narrative describing the applicant's reasons for appealing an administrative official's decision and any other supporting documentation to prove an alleged error in a decision made by an administrative official;

v.

Each application must be signed by the owner(s), or owner(s) agent, giving applicant's mailing address and his proprietary status regarding the property. In addition, each application shall contain a certificate signed and sworn by the applicant stating that the applicant is the owner(s) or agent(s) of the owner(s) of the subject property and therefore authorized to make such application; and

(c)

The application fee will entitle applicant to have his/her application processed for appeal to an administrative official's decision on a single, contiguous parcel of property.

(3)

Standards for approval. The board of adjustment shall consider the following when reviewing an application for appeal to an administrative official's decision:

(a)

The board may in whole or in part affirm, reverse, or amend the decision of the person within a city department having the final decision-making authority within the department relative to the zoning enforcement issue, if the board finds that an administrative official made an error in interpreting the zoning regulations in chapter 39.

(4)

Appeal of the board's decision. A person aggrieved by a decision of the board; a taxpayer; or an officer, department, board, or bureau of the municipality may only file an appeal of the board's decision to a district court, county court, or county court at law within ten days after the date the decision is filed in the board's office.

(5)

Validity. Board's decision regarding appeal to an administrative official's decision is not time or owner specific but stays with the property.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

(1)

Application. The board of adjustment shall, from time to time, on its own motion, or upon direction of the city council, inquire into the existence, continuation or maintenance of any nonconforming use or structure within the city. If the board of adjustment or the city council determines that amortization of a nonconforming use is appropriate, the board shall take specific action to abate, remove, limit or terminate any nonconforming use or structure under a reasonable plan whereby the owner's investment in the nonconforming use or structure can be recouped through amortization over a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this chapter 39.

(2)

Procedure.

(a)

Public hearing. The board of adjustment shall conduct a hearing for the purpose of determining a date certain for termination of the nonconforming use or removal of the nonconforming structure, or both, with respect to the property. A written notice of such hearing shall be given to the affected property owner at least 30 days prior to the hearing.

(b)

Effective date. The board of adjustment shall establish a date for termination of the nonconforming use or removal of the nonconforming structure that shall give the property owner a reasonable opportunity to recover its investment in the nonconforming use and/or structure from the time such use or structure became nonconforming.

(c)

Recoupment of investment. The board of adjustment shall measure the reasonableness of the opportunity for recoupment of the property owner's investment by conditions existing at the time such use or structure became nonconforming.

(d)

Required information. The city manager or his/her designee shall provide the board of adjustment the following information:

i.

Location and street address of subject property;

ii.

Name, address, and telephone number of the present owner(s) of the property,

iii.

Report from a certified professional accountant of the initial investment of the subject property's owner's actual investment in the structure(s) and business/use prior to the time that the use became nonconforming;

iv.

Current zoning classification;

v.

A narrative describing the applicant's reasons for requesting discontinuation of the nonconforming use; and

vi.

Any other supporting documentation to support the reasons for the amortization request.

(3)

Standards for amortization. The following factors shall be considered by the board of adjustment in determining a reasonable amortization period:

(a)

The owner's capital investment in structures, fixed equipment, and other assets that cannot reasonably be used in conformance with the zoning district regulations (excluding inventory and other assets that may be feasibly transferred to another site) made on the property before the time the use, the structure, or both, as applicable, became nonconforming. Costs of replacements, improvements or additions made after the structure or use became nonconforming shall not be included. Costs of the land or structures that reasonably can be used for a conforming use shall not be included.

(b)

Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses and relocation expenses.

(c)

Recovery of investment, including net income and depreciation, and any profit or loss realized on the investment.

(d)

General character of the neighborhood in proximity to the nonconforming use or structure and the necessity for all property within the city to conform to the regulations of the zoning ordinance.

(4)

Appeal of the board's decision. A person aggrieved by a decision of the board; a taxpayer; or an officer, department, board, or bureau of the municipality may only file an appeal of the board's decision to a district court, county court, or county court at law within ten days after the date the decision is filed in the board's office.

(5)

Validity. Once the board of adjustment establishes a compliance date for a nonconforming use, the use must cease operations on or before that date and it may not operate thereafter except in compliance with the applicable zoning district regulations. If the board of adjustment establishes a termination date for a nonconforming structure, the structure must be completely removed from the property by that date, by demolition or otherwise, and such structure may not be reconstructed or relocated in any other location in the city where it would not be in conformance with all provisions of the zoning ordinance.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)