Pantego City Zoning Code
ARTICLE 14
03 ADMINISTRATION
§ 14.03.005 Zoning administrator.
(a)
There is hereby established the office of zoning administrator and such duties shall be performed by the person designated by the city manager. The zoning administrator shall enforce this chapter in accordance with the provisions hereof. All department officials and public employees of the town vested with the duty and authority to issue permits or licenses shall conform to this chapter and shall issue no permit or license for any use, building or purpose in conflict with this chapter. Any permit or license issued in conflict with this chapter shall be null and void and of no effect whatsoever.
(b)
The zoning administrator shall have the following responsibilities and powers:
(1)
Enforce the provisions of this chapter and interpret the meaning and application of its provisions, including both map and text.
(2)
Inspect properties within the town to determine compliance with regulations and to issue violation notices when necessary.
(3)
Receive, review and make determinations on applications for permits and certificates.
(4)
Issue permits and certificates as provided by this chapter, and keep a record of same with notations of special conditions involved.
(5)
Review and process plans pursuant to the provisions of this chapter.
(6)
Make determinations as to whether violations of this chapter exist, determine the nature and extent thereof, and notify the owner in writing, specifying the exact nature of the violation and the manner in which it shall be corrected by the owner, pursuant to the procedures in this chapter.
(7)
Conduct inspections of buildings and uses of land to determine compliance or noncompliance with this chapter.
(8)
Maintain permanent and current records required by this chapter, including but not limited to: the official zoning map, permits and certificates, specific uses, inspection documents and records of all variances and amendments.
(9)
Initiate the revocation of a permit or approval issued contrary to this chapter.
(10)
Act upon all applications within thirty (30) days of their date of filing.
(11)
Examine and refer applications to the planning and zoning commission when site plan review is required or as determined by this chapter.
(12)
Forward findings of fact as to alleged violations of this chapter to the municipal court prosecutor.
(Ordinance 17-804 adopted 5/8/17)
§ 14.03.010 Planning and zoning commission.
The planning and zoning commission shall be and is established in this code, article 1.05, division 3, “planning and zoning commission.”
(Ordinance 17-804 adopted 5/8/17)
§ 14.03.015 Zoning board of adjustment.
(a)
Established.
The zoning board of adjustment shall be and is established in this code, article 1.05, division 4, “board of development appeals.”
(b)
Authority of board.
(1)
The board shall have the following powers:
(A)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter;
(B)
To hear and decide special exceptions to the terms of this chapter upon which the board is required to do so;
(C)
To authorize in specific cases variances from the terms of this chapter as will not be contrary to the public interest where, due to special conditions, the literal enforcement of the provisions of this chapter will result in unnecessary hardship, so that the spirit of this chapter will be observed and substantial justice done.
(D)
To interpret the intent of the zoning district map when the rules for interpretation herein contained do not apply.
(2)
In exercising its powers the board may revise or reform, wholly or partly, or may modify the order, requirement, decision or determination of the official from whom the appeal is taken, all as provided in V.T.C.A., Local Government Code, ch. 211.
(c)
Limitations on authority of the board.
(1)
The board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought.
(2)
The board shall have no power to grant or modify specific use permits (SUP) authorized under article 14.08, division 2, “specific use regulations.”
(3)
The board shall have no power to grant a zoning amendment. In the event that a request for a zoning amendment is pending before the planning and zoning commission or town council, the board shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment.
(4)
The board shall not grant a variance for any parcel of property or portion thereof upon which a site plan, preliminary plat or final plat, if required by the town, has not been finally acted upon by both the planning and zoning commission and town council. All administrative remedies available to the applicant shall have been exhausted prior to the hearing by the board.
(5)
The board shall have no power to grant variances to the development standards contained within this chapter, except that the board may consider special exceptions to the applicable development standards for one-family residential uses.
(d)
Variances.
A variance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall a variance be granted to permit any person a privilege in the use of a building or land not permitted hereunder for other buildings or land in the same district. Variances shall be determined on the basis of the following standards:
(1)
Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(2)
Whether the variance is substantial;
(3)
Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(4)
Whether the variance would adversely affect the delivery of government services (e.g., water, sewer, garbage);
(5)
Whether the property owner purchased the property with knowledge of the zoning restriction;
(6)
Whether the property owner’s predicament feasibly can be obviated through some method other than a variance;
(7)
Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(e)
Special exceptions.
(1)
The board shall have the authority to hear and allow special exceptions only for uses which are conforming, but the building structure is not.
(2)
In granting a special exception, the board shall not authorize uses that are not allowed under the terms of this chapter for the respective district.
(3)
A proof of hardship is not required for granting a special exception.
(4)
In granting a special exception, the board shall not permit variances from the use district regulations which are not prevalent on other lots in the same zoning district.
(5)
The board may consider special exceptions to the development standards contained in this chapter for single-family residential uses that do not require a plat or site plan approval by the planning and zoning commission and town council.
(Ordinance 17-804 adopted 5/8/17)
§ 14.03.020 Amendments and administrative procedures.
(a)
Authority to amend ordinance.
(1)
Authority.
The town council may from time to time, after receiving a final report thereon by the planning and zoning commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the zoning district map.
(2)
Initiation of changes or amendments.
(A)
An amendment to the text of this zoning ordinance may be proposed by the planning and zoning commission, the town council, or any department head with responsibility for reviewing development applications.
(B)
Amendments initiated by town council.
The mayor or councilmembers may request, and the mayor may direct the city manager to place a potential amendment on an agenda for a discussion at a regular town council meeting, special meeting, or work session. If, after discussion, council decides to further pursue the amendment, the amendment process for consideration will be as per subsection (b) below.
(C)
Amendments initiated by planning and zoning commission.
The chairman may direct the zoning administrator in writing or in a public meeting to place a potential amendment on an agenda for a discussion at a regular planning and zoning commission meeting, special meeting, or work session. The commission, after discussion, may recommend by majority vote that town council discuss the potential amendment per subsection (a)(2)(B) above, and provided council concurs with the commission recommendation, the amendment process for consideration will be as per subsection (b) below.
(D)
Amendments initiated by staff.
A department head may, with permission of the city manager, place the item on an agenda for discussion at a regular meeting, special meeting or work session of the town council or the planning and zoning commission. After hearing the petition from the department head, the council or the commission could initiate consideration of the potential amendment pursuant to subsections (a)(2)(A) or (B) above.
(E)
Any zoning district boundary amendment (also referred to as a zoning map amendment) may be proposed for consideration by the:
(i)
Town council;
(ii)
Planning and zoning commission; or
(iii)
The owner or authorized agent of the real property.
(3)
Planning and zoning commission recommendation required.
In no case shall the town council act upon any zoning request prior to recommendation by the planning and zoning commission.
(4)
Zoning amendment application submittal.
(A)
Each applicant for a zoning amendment shall submit a zoning change application to the zoning administrator on or before a scheduled submission date and shall be accompanied by payment of the appropriate fee as established by the town.
(B)
All applications received on a date other than an official submittal date shall be dated received on the next official submittal date.
(C)
Applications must be complete for acceptance.
(D)
To ensure the submission of adequate information, the zoning administrator is hereby empowered to maintain and distribute a list of specific requirements for zoning amendment applications and update, modify such requirements as deemed necessary by the zoning administrator.
(b)
Zoning amendments process, public hearing and notice.
(1)
Zoning district change (zoning map amendment).
(A)
Prior to making its report to the town council, the planning and zoning commission shall hold at least one public hearing on each application.
(B)
At least eleven (11) calendar days prior to the planning and zoning commission public hearing date, written notice of each public hearing before the planning and zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of property within two hundred feet (200') of the property in which the change in classification is proposed. This notice is served by deposit with the United States Postal Service.
(C)
Notice of town council public hearing shall be given by publication in the official newspaper of the town, stating the time and place of such public hearing, a minimum of sixteen (16) calendar days prior to the date of the public hearing.
(2)
Zoning text amendment.
(A)
Notice of public hearings on proposed changes in the text of the zoning ordinance shall be accomplished by one publication not less than sixteen (16) calendar days prior to both the planning and zoning commission and town council meetings thereto in the official newspaper of the town.
(B)
Changes in the ordinance text that do not change zoning district boundaries do not require written notification to individual property owners.
(3)
Joint public hearing option.
Whenever an application for a zoning map amendment or zoning text amendment must be preceded by a public hearing before both the planning and zoning commission and the town council, the commission and the council may conduct a joint public hearing (in accordance with Texas Local Government Code 211.007(b)) and take action on the application in the following manner:
(A)
The council shall establish the date of the joint public hearing by motion at a regular or special meeting;
(B)
The council shall cause notice of the joint public hearing to be provided as required by subsection (1) and/or (2) above;
(C)
The commission and the council shall be convened for the hearing and for any action to be taken on the petition or application; and
(D)
The commission and the council may take action on the petition or application at the same meeting, provided that the council shall not take action until the recommendation of the commission has been received.
(c)
Failure to appear.
The planning and zoning commission or town council may deny a zoning application if the applicant or representative fails to appear at one (1) or more hearings before the commission or council.
(d)
Planning and zoning commission consideration and report.
(1)
The planning and zoning commission, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application.
(2)
The planning and zoning commission may table for not more than ninety (90) calendar days from the time it is posted on the agenda until it has had opportunity to consider other proposed changes which may have a direct bearing thereon.
(3)
In making their determination, the planning and zoning commission shall consider, among other things, the following factors:
(A)
Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the town as a whole.
(B)
Whether the proposed change is in accord with any existing or proposed plans for providing streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.
(C)
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the town, and any special circumstances that may make a substantial part of such vacant land unavailable for development.
(D)
The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
(E)
How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved, and whether such designation for other areas should be modified also.
(F)
Whether the request is consistent with the comprehensive plan and other master plans.
(G)
Any other factors which will substantially affect the health, safety, morals, or general welfare.
(4)
If the planning and zoning commission denies the zoning request, it may offer reasons to the applicant for the denial.
(e)
Town council consideration.
(1)
Every proposal that has received a planning and zoning commission recommendation shall be automatically forwarded to the town council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.
(2)
Town council, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application.
(3)
Three-fourths town council vote required for protested amendments.
(A)
Documented protest requirements.
Protests against proposed amendments shall be filed at least five (5) calendar days before the date of the public hearings.
(B)
Documented protest participant requirements.
(i)
Interior protester.
The owners, duly signed and acknowledged, of twenty percent (20%) or more of the lots or land area included within a proposed amendment boundary may participate in a documented protest for a specific case.
(ii)
Exterior protester.
The owners, duly signed and acknowledged, of twenty percent (20%) or more of the lots or land area within a two hundred foot (200') radius of the exterior boundary of the area included in a proposed amendment may participate in a documented protest for a specific case.
(C)
If a documented protest against a proposed amendment, supplement, or change to a zoning regulation or boundary has been filed with the zoning administrator, then such amendments shall not become effective except by the affirmative vote of three-fourths (3/4), or four (4) votes of all members of the town council.
(4)
The town council may deny any request.
Upon denial of request, the same or similar request may not be resubmitted to the town for six (6) months from the original date of denial, unless a waiver of this requirement is approved by the town council.
(5)
Final approval and ordinance adoption.
(A)
Approval of any zoning change or amendment, and related ordinance, by the town council shall be in compliance with section 1.03.035 “ordinances and resolutions; minutes” of this code.
(B)
Upon approval the ordinance shall be executed by the mayor and published as required by law.
(Ordinance 17-804 adopted 5/8/17)
§ 14.03.025 Variances from the regulations of this ordinance.
(a)
Development-related variance process.
(1)
Development-related variances that include exceptions to article 14.10 “development standards,” if allowed within the guidelines, may be requested. Such variances shall be noted on the site plans. Where the planning and zoning commission and town council finds that hardship or practical difficulties will result, it may approve the requested exceptions, provided that the exceptions will not have the effect of nullifying the intent and purposes of these regulations. In approving variances, the planning and zoning commission and town council may require conditions and stipulations that will, in its judgment, substantially secure the objectives of the town’s standards and regulations. Variances will not be granted to relieve a self-created or personal hardship, and they will not be granted based solely on economic gain or loss. An additional fee is required for applications requesting variances.
(2)
The planning and zoning commission and town council shall take into account the nature of the proposed use of land involved and existing uses of the land in the vicinity, the number of persons who will reside or work in the proposed area, the probable effect of such variance on traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the planning and zoning commission and town council finds:
(A)
That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land.
(B)
That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other properties in the area.
(C)
That the granting of the variance will not have the effect of preventing the orderly development of other properties in the area in accordance with the provisions of this ordinance.
(D)
That the granting of the variance will not constitute a violation of any other valid ordinance of the town.
(E)
That strict compliance with the regulations, and/or that the purpose of the regulations will be served to a greater extent by the alternative proposal.
(b)
Zoning board of adjustment process.
(1)
An application to the board shall be in writing using forms provided by the town and be accompanied by a fee (appendix A).
(2)
The board shall hold a public hearing no later than sixty (60) days after the date an application is filed. Notice of public hearing shall be provided to all property owners within two hundred feet (200') of the affected property at least eleven (11) days prior to the hearing.
(Ordinance 17-804 adopted 5/8/17)
§ 14.03.030 Certificate of occupancy.
A certificate of occupancy shall be required as established in section 3.03.017 “certificate of occupancy” of this code. The building official shall not issue a certificate of occupancy without confirmation of compliance with the zoning ordinance from the zoning administrator.
(Ordinance 17-804 adopted 5/8/17)
§ 14.03.035 Nonconforming uses, lots and structures.
(a)
Purpose.
(1)
Within the districts established by this article or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this article was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which they are located. It is the intent of this section to permit such nonconforming uses to continue, under regulations herein contained, until the same are removed, but not to encourage their survival.
(2)
It is further the intent of this article that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(3)
Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.
(b)
Nonconforming status.
Any use, platted lot, or structure which does not conform to the regulations of the zoning district in which it is located shall be deemed a nonconforming use or structure when:
(1)
Such use, platted lot, or structure was in existence and lawfully operating at the time of the passage of the previous ordinance or this chapter, and has since been in regular and continuous use; or
(2)
Such use, platted lot, or structure is a lawful use at the time of the adoption of any amendment to this chapter but by such amendment is placed in a district wherein such use, platted lot, or structure is not otherwise permitted and has since been in regular and continuous use; or
(3)
Such use, platted lot, or structure was in existence at the time of annexation to the town and has since been in regular and continuous use.
(c)
Continuing lawful use of property and existence of structures.
(1)
The lawful use of land or lawful existence of structures at the time of the passage of this chapter, although such do not conform to the provisions hereof, may be continued; but if said nonconforming use or structure is discontinued or abandoned, any future use of said premises shall be in conformity with the provisions of this chapter.
(2)
Discontinuance of a nonconforming use shall consist of the actual act or date of discontinuance of a use previously operational in a building. Abandonment of a nonconforming structure shall consist of the act or date of abandonment.
(3)
When a nonconforming use or structure which does not meet the development standards in this chapter ceases to be used for a period of twelve (12) months, such use shall not be resumed and proof of such event shall constitute prima facie evidence of an act of abandonment. Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.
(4)
No nonconforming use or structure may be expanded, reoccupied with another nonconforming use, or increased except as provided herein.
(5)
Conforming single-family residential uses on platted lots or unplatted tracts approved prior to this chapter, which may now be nonconforming due to stricter standards or right-of-way dedications/takings, shall be deemed in conformance with this chapter as long as the use of the lot is allowed in the respective district. Only the lot size, depth, width, and setbacks shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this chapter shall be met or the lot shall be considered nonconforming.
(d)
Changing nonconforming uses.
(1)
Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.
(2)
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined herein.
(3)
A nonconforming use may not be changed to another nonconforming use.
(e)
Expansion of nonconforming uses, buildings or structures.
(1)
No nonconforming use, building or structure, except when required by law or ordinance shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in the district. Notwithstanding anything contained herein to the contrary, an area occupied by a nonconforming use may be maintained and repaired as necessary to preserve its business vitality.
A nonconforming lot of record may be constructed upon if all other means of lot consolidation have been exhausted, if approved by the planning and zoning commission. If approved, the proportional reduction of the minimum side and rear yard setbacks shall be applied as based on the percentage difference between the nonconforming lot of record and the minimum lot size required for the district in which the lot is located. The front yard setback shall not deviate from that which has been established by the district in which the lot is located or as measured at the two (2) adjacent lots.
(2)
A nonresidential building or structure that does not meet current area regulations or development standards may be reoccupied with a conforming use and without any expansion upon approval of a modified site plan meeting the requirements of subsection (e)(4) below. This plan shall be approved by the development review committee (DRC) prior to issuance of a certificate of occupancy.
(3)
A conforming use, except for one- and two-family residential uses, in a building which does not meet the area regulations or development standards in this chapter may be reoccupied with another conforming use upon approval of a modified site plan to determine compliance with the following:
(A)
Off-street parking, driveways, and circulation requirements.
(B)
Dumpster location and screening; sidewalk and landscaping requirements.
(C)
Sign requirements.
(D)
Building codes.
(E)
Screening requirements.
(F)
Drainage requirements.
Each of the above will be reviewed for compliance by the development review committee (DRC) and may be approved by the zoning administrator if total compliance is met. The planning and zoning commission shall make final approval or disapproval of a modified site plan if partial compliance is met and there is concurrence with the town staff’s recommendations. If the planning and zoning commission does not concur with town staff’s recommendations, the modified site plan shall automatically be sent to the town council for approval or denial.
(4)
Buildings or structures which have been vacant or abandoned for more than twelve (12) months and do not meet the current area regulations or development standards shall be allowed to reoccupy the structure with a conforming use if the procedures in article 14.09 “development site plan review” are followed.
(f)
Restoration of nonconforming uses or structures.
When a nonconforming building or use which does not conform to the provisions of this chapter, is damaged for any reason, including fire, explosion, act of God or the public enemy, to the extent of fifty percent (50%) or more of its appraised value as shown on the most recent tax roll of the town, or fifty percent (50%) or more of the physical structure, whichever is most restrictive, it shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than fifty percent (50%) of appraised value or fifty percent (50%) of the physical structure, whichever is most restrictive, a nonconforming building may be repaired or reconstructed and used as before the time of damage, provided a building permit or demolition permit has been purchased within one hundred eighty (180) days of the time such building becomes damaged, but the existing square footage or function of the nonconforming use cannot be expanded, and the above procedures in subsection (e)(4) above shall be met.
(g)
Termination of nonconforming status.
(1)
When such use is abandoned, as hereinabove provided.
(2)
When any provision of this chapter or any other ordinance, or federal or state statute is violated with respect to a nonconforming use or nonconforming structure.
(3)
When a nonconforming use or structure is changed to a conforming use or structure by rezoning.
(4)
When the structure in which a nonconforming use is housed, operated or maintained is damaged to the extent of fifty percent (50%) or more of its appraised value or fifty percent (50%) or more of the physical structure as provided in subsection (f) above.
(5)
When there occurs a change of use, or change of ownership of the entity operating the nonconforming use, or change of occupancy that would otherwise require a nonconforming use to obtain a new or amended certificate of occupancy or new or amended specific use permit. If a nonconforming use is located in a building owned by another entity, transfer of ownership in the building does not terminate the nonconforming use.
(6)
When the building or use is found unsafe or dangerous to the public welfare by a court of competent jurisdiction.
(Ordinance 17-804 adopted 5/8/17)
§ 14.03.040 Grandfathering; application to existing uses and structures.
Nothing in this chapter shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted before the enactment of this zoning chapter provided that the use, building or structure is legally conforming prior to the enactment of this zoning chapter or any subsequent amendments that may occur.
(Ordinance 17-804 adopted 5/8/17)