(a)

Any person who violates or fails to comply with the requirements of this chapter or who builds or alters any building in violation of any plan or statement submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable for a fine of not more than $500.00 Each day such violation shall be permitted to exist shall constitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of this chapter shall be placed or shall exist, shall be guilty of a separate offense and upon conviction thereof shall be fined as herein provided.

(b)

No oversight or dereliction on the part of the Zoning Administrator or on the part of any official or employee shall legalize, authorize or excuse the violation of any of the provisions of this chapter.

(c)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used, in violation of this chapter, the appropriate authorities of the City, in addition to other remedies, may institute appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to correct or abate such violation, or to prevent the occupancy of such building, structure or land.

(d)

Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. of 4-4-1983, § 6)

The City Manager will appoint the Zoning Administrator to administer the provisions of this chapter.

(1)

If the Zoning Administrator shall find or if any person files with him a complaint in writing alleging that any of the provisions of this chapter are being violated, he shall immediately investigate and, when necessary, give written notice to the person responsible to cease such violations forthwith. Said notice may be delivered in person or by certified mail to violator or to any person of property where violation is occurring.

(2)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this chapter imposes a greater restriction, this chapter shall control.

(Ord. of 4-4-1983, § 5)

(a)

City Council may amend regulations. The City Council may, from time to time, on its own motion or on a property application or petition, amend, supplement, change, modify or repeal the regulations, restrictions and boundaries herein established and as follows:

(1)

Any person petitioning the City Council for a change in the regulations or the zoning district map shall do so upon forms provided for such purposes by the Office of the Zoning Administrator. All petitions or applications for changes in the regulations or zoning district map shall be filed with the Zoning Administrator.

(2)

Each such application shall be accompanied by plats (one reproducible and three copies) and the plans necessary to show the detail of the proposed change requested, as well as the relation of said property to that of all adjoining property thereof, and the street address and suitable legal description of the property proposed to be changed.

(3)

Upon receipt of a properly paid for and completed application for rezoning, the Planning and Zoning Director shall have published the requisite notice in a newspaper of general circulation in the City, at least 15 days prior to the date set for said hearing.

(b)

Procedure before the Planning and Zoning Commission.

(1)

The Planning and Zoning Commission shall hold a public hearing on all proposed changes in zoning regulations or district boundaries, and written notice of all such public hearings shall be sent to all owners of real property lying within 200 feet of the property on which the change in zoning regulations or district boundaries is proposed.

(2)

Upon such hearing, the party requesting a change in zoning shall appear in person or by agent or attorney.

(3)

After such hearing, the Planning and Zoning Commission shall make its recommendation regarding the change in zoning regulations or district boundaries.

(4)

Each such recommendation made by the Planning and Zoning Commission shall be reported to the City Council, in writing, and the applicant shall be notified of the action of the Planning and Zoning Commission.

(5)

The Planning and Zoning Commission shall establish and maintain a separate file for each application received, and shall record the names and addresses of all persons to whom notices were mailed, including the date of mailing and the persons by whom notices were delivered to the U.S. post office. All records and files herein provided shall be permanent, official and public record and/or file of the City.

(c)

Procedure before the City Council.

(1)

After receiving the recommendation of the Planning and Zoning Commission, the City Council shall hold a public hearing concerning the same, at the earliest possible practical time, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City.

(2)

When the Planning and Zoning Commission has recommended a change in zoning regulations or district boundaries, the City Council shall be at liberty to either accept, reject or take other action, provided such action is consistent with the public notice and the provisions of this section.

(3)

If the Planning and Zoning Commission has recommended against a proposed amendment, supplement, change or modification, or if a written protest against such change, signed by the owners of 20 percent or more, either of the area of the lots or land included in such proposed change, or of the lots or 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.

(4)

If the City Council has refused to grant a proposed amendment, supplement, change or modification in the boundaries of any zoning district, such amendment, supplement, change or modification in the boundaries of such zoning district shall not be submitted again prior to the expiration of 12 months from the date of the order or decision of the City Council against such zone change.

(Ord. of 4-4-1983, § 16; Ord. No. 2011-07-116, § II, 7-26-2011)

(a)

Eligible persons; timeframe. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Zoning Administrator. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the Zoning Administrator and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(b)

Appeals to stay all proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application or notice to the Zoning Administrator and on due cause shown.

(c)

Board of Adjustment to hear appeals. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, each party shall appear in person or by agent or attorney.

(d)

Board may reverse any order. In exercising the powers mentioned in section 48-4 herein, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the Zoning Administrator from whose action the appeal is taken.

(e)

Votes necessary to reverse decision of Zoning Administrator. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.

(f)

Appeals from action of the Board of Adjustment. Any person, jointly or severally, aggrieved by any decision of the Board, or any taxpayer, or any officer, department, board or bureau of the City, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the Office of the Board.

(g)

Court may allow writ. Upon presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the appealed from, but the Court may, on application, upon notice to the Board and on due cause shown, grant a restraining order.

(h)

Board to furnish facts to court. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The returned copies shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(i)

Court to take testimony. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court, with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(j)

Cost not to be allowed against the Board. Cost shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

(Ord. of 4-4-1983, § 17)

(a)

Defined.

(1)

A special exception is a permission given by the Board, properly authorized by this chapter in specific cases, for an applicant to use his property in a manner contrary to the provisions of this chapter, provided such use subserves the general welfare and preserves the community interest.

(2)

A variance is an authorization by the Board granting relief and doing substantial justice in the use of an applicant's property by the owner where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship.

(b)

Findings required. A special exception may be granted upon application when the Board finds:

(1)

That the granting of such special exception will not be injurious or otherwise detrimental to the public health, safety, morals and general welfare of the general public;

(2)

That the granting of such special exception will not be detrimental or injurious to the property or improvements in such zone or neighborhood in which the property is located; and

(3)

That the granting of such special exception will be in harmony with the general purpose and intent of this chapter.

(c)

Determination. In determining its finding, the Board shall take into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such building or upon such land, traffic conditions in the vicinity, and the conformance of such area to the Official Zoning Map and Comprehensive Plan.

(d)

Special exceptions allowed. The Board may, after public hearing and subject to the conditions and safeguards herein contained, authorize special exceptions to this chapter as follows:

(1)

Permit the enlargement of a nonconforming use only when the enlargement will not prolong the life of the nonconforming use. A specific time period for the return to conformity can be required.

(2)

Permit the use of a lot in any "R" dwelling district adjacent to any other district, even if separated therefrom by an alley or by a street, for the parking of passenger cars under such safeguards and conditions of the more restricted property, provided no other business use is made of such lot.

(3)

Permit such modification of a yard, lot area or lot width regulation requirements as may be necessary to secure appropriate improvement of a parcel of land, where such parcel was separately owned on the effective date of the ordinance from which this chapter is derived and is not adjacent to another parcel of the same ownership, and where such parcel is of such size that it cannot be improved without such modification, or of such restricted area that it cannot be appropriately improved without such modification.

(4)

Permit the modification of the requirements for signs as set forth in section 48-60.

(e)

Conditions. In granting any special exception under the provisions of this chapter, the Board may designate such conditions in connection therewith which, in the Board's opinion, will secure substantially the purpose and intent of this chapter.

(f)

Variances. A variance may be granted an applicant when the Board finds:

(1)

That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to lands or buildings in the same zone or neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building;

(2)

That the granting of such variance will not be detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in which the property is located;

(3)

That the granting of the variance is necessary for the reasonable use of the land or building and that the variance, as granted by the Board, is the minimum variance that will accomplish this purpose;

(4)

That the literal enforcement and strict application of the provisions of this chapter will result in unnecessary hardship and be inconsistent with the general provisions and intent of this chapter and, that in granting such variance, the spirit of this chapter will be preserved and substantial justice done.

In addition to considering the character and use of adjoining buildings and those in the vicinity, the Board, in determining its finding, shall take into account the number of persons residing or working in such buildings or upon such land and traffic conditions in the vicinity.

(g)

Authorization. The Board may, after public notice and hearing and subject to the conditions and safeguards herein contained, vary or adopt the strict application of any of the terms of this chapter under the power and authority herein granted and consistent with section 48-31.

(h)

Conditions. In granting any variance under the provisions of this chapter, the Board may designate such conditions in connection therewith which, in the opinion of the Board, will secure substantially the purpose and intent of this chapter.

(i)

Nonconforming uses. The Board may permit the following:

(1)

The change of occupancy from one nonconforming use to another nonconforming use when the extent of the second nonconforming use is found to be less detrimental to the environment than the first.

(2)

The enlargement of a nonconforming use only when the enlargement will not prolong the life of the nonconforming use. A specific time period for the return to conformity can be required.

(3)

The reconstruction of a nonconforming structure or building on the lot or tract occupied by such building, provided such reconstruction does not, in the opinion of the Board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure.

(4)

Such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum setback standards, off-street parking or loading regulations where the literal enforcement of the provisions of this chapter would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district.

A variation from the standard established by this chapter shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this chapter to other parcels of land in the district.

(Ord. of 4-4-1983, § 18)

(a)

Created. An agency of the City Council is hereby created, which shall be known as the City of Pearsall Board of Adjustment, and such Board shall consist of five members who are residents and taxpayers of the City.

(b)

Terms of appointment. The members of the Board shall be appointed by the City Council and shall serve for a two-year term; however, a member shall continue to serve until his successor is appointed by the City Council. Furthermore, each member is removable for cause by the City Council upon written charges and after a public hearing.

(c)

Vacancies. As the term of office of each member terminates, the City Council shall appoint another member to fill such vacancies. Vacancies shall be filled for the remainder of the unexpired term of any member, whose place becomes vacant for any cause, in the same procedure as the original appointment.

(d)

Board may establish its own rules. The Board may establish its own rules as to the attendance of its members at its meetings and, in furtherance of such, the Board may, by a majority vote and subject to final approval by the City Council, expel any member who, in the opinion of the Board, misses an unreasonable number of meetings.

(e)

Parliamentary procedure; Chairman; meetings. The Board is hereby empowered to establish its own Parliamentary procedure, provided that such shall not be in conflict with the law applicable to the Board or the following:

(1)

Quorum. A quorum shall consist of four members of the entire membership of the Board and any issue to be voted on shall be resolved by a majority of those present.

(2)

Chairman of the Board. The Chairman of the Board shall be appointed by a majority vote of the Board and remain as such until the expiration of his term. The Chairman shall be entitled to vote upon any question, but shall have no veto power.

(3)

Meeting. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may deem necessary. Meetings shall be open to the public and minutes shall be kept, and shall be treated as public record.

(f)

Powers and duties. The Board shall have the following power and shall be required to:

(1)

Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter.

(2)

Hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass.

(3)

Authorize, upon appeal in specific cases, such variance from the terms of this chapter as will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.

(g)

Board declared to be adjunct to City Council. The Board of Adjustment is hereby declared to be an adjunct to the City Council. All administrative personnel are hereby authorized and directed to cooperate with and assist the Board at all reasonable times.

(Ord. of 4-4-1983, § 3)