A.

General: The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed, modified, or repealed upon initiation by the commission, the board of commissioners [city commission], or by a petition of a property owner or owners or their authorized agents, provided, however, that no such action may be taken until:

1.

Application has been made upon the forms prescribed by the commission and duly filed with the director of planning;

2.

The question has been referred to the commission for consideration and public hearing on the question and their recommendations received; and until

3.

A public hearing has been held in relation thereto, before the board of commissioners [city commission] at which parties in interest and citizens shall have an opportunity to be heard.

B.

Hearing before the [planning and] zoning commission:

1.

At least 15 days prior to the date of a hearing, a notice of the time and place of such hearing and description of proposed change shall be published in one issue of a newspaper of general circulation in the City of Pharr.

2.

All applications for hearing before the commission shall be set not later than the second regular monthly meeting of the commission from the date of filing the same.

3.

When a proposed amendment affects the zoning classification of property, written notice shall be given to property owners within a distance of at least 200 feet from the boundaries of the subject property at least ten days prior to the hearing date.

4.

Any hearing may be contained [continued] for good cause at the request of the applicant, or at the discretion of the commission noted in writing in its minutes. In the event any hearing is continued on a matter tabled for any reason other than lack of proper notice, further notice to surrounding property owners shall not be required.

5.

The same procedure for notifying adjacent property owners shall be followed by the commission for hearings on rezoning petitions and for use permits applications, unless otherwise provided.

6.

Upon the final hearing of such application, the commission shall approve or deny the same and a report of such action, together with a recommendation for final approval or denial, shall be made by the commission to the board of commissioners [city commission].

C.

Hearing before the board of commissioners [city commission]:

1.

Before acting upon any application for amendment, the board of commissioners [city commission] shall set a time and a place for a hearing thereon, notice of which hearing shall be published at least one time in a newspaper of general circulation in the city, not less than 15 days prior to the date of such hearing.

2.

Recommendations for revision or amendment of the ordinance, including the zoning districts map, may also be made by the planning and zoning commission upon its own motion, for final determination by the board of commissioners [city commission]. Likewise, the board of commissioners [city commission] may revise, modify or amend the ordinance, including the zoning districts map, upon its own motion, provided, however, such proposed changes shall first be submitted to the planning and zoning commission for recommendation and report. In either case, final action thereon shall be taken only upon notice and hearing, as provided herein.

3.

In case a protest against such change is signed by the owners of 20 percent or more either of the area of the lots included in such proposed change, or of property within a 200-foot radius of the proposed change, then such amendments shall not become effective except by gaining the favorable vote of at least three-fourths of the board of commissioners [city commission].

4.

Joint hearings: The board of commissioners [city commission] may hold a public hearing, after publishing the required notice, jointly and with any public hearing required to be held by the planning and zoning commission, but the board of commissioners [city commission] shall not take action until it has received a final report from the planning and zoning commission.

A.

The zoning map:

1.

The official zoning map shall be identified by the signature of the mayor, attested by the city clerk and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 1 of Ordinance Number [82-13] of the City of Pharr, Texas" (together with the date of the adoption of this ordinance). If, in accordance with the provisions of this ordinance and Vernon's Ann. Civ. St. art. 1011e [V.T.C.A., Local Government Code § 211.006], as amended, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the board of commissioners [city commission].

2.

All changes made in the official zoning map will also note on the map the ordinance number and date of final passage of such ordinance authorizing the map change. No amendment to this ordinance which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map.

3.

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable as provided for hereafter.

4.

Regardless of the existence of copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the director of planning, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.

5.

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the board of commissioners [city commission] may, by resolution, adopt a new official zoning map, which shall supersede the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bearing the seal of the city and date under the following words: "This is to certify that this Official Zoning Map supersedes and replaces Ordinance No. 74-76 of the City of Pharr, Texas."

6.

Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

B.

Rules for interpretation of district boundaries: Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

2.

Boundaries indicated as approximately following platted lot lines shall be construed following such lot lines.

3.

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

4.

Boundaries indicated as following railroad lines shall be construed to be midway between the rails of the main tracks.

5.

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

6.

Boundaries indicated as parallel to or extensions of features indicated in subsection (a) [B.1] through (e) [B.5] above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

7.

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (a) [B.1] through (f) [B.6] above, the board shall interpret the district boundaries.

8.

When streets or alleys on the ground differ from the streets or alleys as shown on the zoning district map, the zoning administrator may apply the district designations on the map to the streets or alleys on the ground in such a manner as to conform to the intent and purpose of this ordinance.

9.

Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the centerline of any such street or alley.

10.

On a parcel of land under single ownership that falls into two or more zoning categories, the most restrictive zone shall prevail.

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 Pharr. 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 director of planning shall refer the question concerning any new or unlisted use to the planning and zoning commission requesting an interpretation as the zoning classification into 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 or 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.

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

C.

The planning and zoning commission shall transmit its findings and recommendations to the board of commissioners [city commission] as to the classification proposed for any new or unlisted use. The board of commissioners [city commission] shall by resolution approve the recommendation of the planning and zoning commission or make such determination concerning the classification of such use as is determined appropriate.

A.

Administration and enforcement: The director of planning or another administrative official of the city shall be designated by the city manager to administer the provisions of this ordinance.

1.

If the director of planning or his authorized representative shall find, or if any person files with him a complaint in writing alleging that any of the provisions of this ordinance are being violated, he shall immediately investigate and when necessary give written notice to the person responsible to cease such violations, forthwith.

2.

Right to enter: The director of planning or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspection of buildings or premises necessary to carry out the duties in the enforcement of this ordinance.

3.

Notice may be delivered in person or by certified mail to violator or to any person owning or leasing property where violation is occurring.

B.

Penalty for violation:

1.

Any person who violates or fails to comply with the requirements of this ordinance 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 to a fine of not more than $200.00. 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 ordinance shall be placed or shall exist shall be guilty of a separate offense and upon conviction thereof shall be fined as herein provided.

2.

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

3.

Stop orders: Whenever any building work is being done contrary to the provisions of this ordinance, the city director of planning or his duly authorized representative may order the work stopped by notice in writing served on the owner or contractor doing the work or causing such work to be done, and any such person shall forthwith stop such work until authorized to proceed with such work.

C.

Building permits required: No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the building official. A building permit shall not be issued except in conformity with the provisions of this ordinance, unless otherwise authorized in a written order from the board in the form of an administrative review of variance as provided by this ordinance.

D.

Application for building permit and certificate of occupancy:

1.

All applications for building permits shall be accompanied by accurate site plans in triplicate, drawn to scale and showing:

a.

The actual shape and dimensions of the lot to be built upon; the dimensions of building(s), if any, already existing on the lot; and the location and dimensions of the proposed building, structure or alteration;

b.

The exact sizes and locations on the lot of the buildings and accessory buildings then existing;

c.

The existing and proposed uses of building and land;

d.

The setback lines within which the proposed building and structure shall be erected or altered;

e.

The existing and intended use of each building or part of building;

f.

The number of dwelling units or rental units the building is designed to accommodate;

g.

The number, location and dimensions of all parking;

h.

And such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this ordinance. A plan inspection period shall be completed as soon as practical, but not to exceed ten days.

2.

One copy of the plans shall be returned to the applicant by the director of planning or his authorized representative after he and the building inspector have marked such copy either as approved or disapproved and attested to same by their signatures on such copy. Two of the copies of the plans, similarly marked, shall be retained by the director of planning.

3.

The building inspector and director of planning or his authorized representative shall be empowered to act within the provisions of this ordinance upon all applications for building permits and certificates of zoning compliance, respectively, and the same shall be approved or denied not later than the fifth business day succeeding the day of filing. In the event of refusal to issue a permit upon application, as herein provided, the applicant may perfect an appeal to the board of adjustment as provided for hereafter.

4.

There shall be a separate permit for each building or structure to be constructed, erected, or altered, except accessory buildings and appurtenances which may be included in the permit for the main building when construction is simultaneous.

E.

Certificates of occupancy for new, altered or nonconforming uses:

1.

It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure nor will permanent utility connections to serve the premises be made until a certificate of occupancy shall have been issued therefor, by the director of planning or his authorized representative stating that the proposed use of the land conforms to the requirements of this ordinance.

2.

Failure to obtain a certificate of occupancy shall be a violation of this ordinance, and punishable under the provisions of this ordinance.

3.

A certificate of occupancy shall be issued within ten days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this and other applicable ordinances.

4.

A temporary certificate of occupancy may be issued by the director of planning or his authorized representative for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public. Such temporary certificates shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the city relating to the use or occupancy of the premises, or any other matter covered by this ordinance.

5.

A certificate of occupancy for a nonconforming use existing at the time of the adoption of the ordinance shall be issued by the director of planning or his authorized representative, and the certificate shall state that the use is a nonconforming use as provided for in this ordinance. The director of planning or his authorized representative shall notify all occupants of property being used as nonconforming uses, and said occupants shall within 30 days after receipt of said notice apply for a certificate of occupancy.

F.

Building permit becomes invalid: If the work described in any building permit has not begun within six months from the date of issuance thereof, said permit shall be canceled by the building official, and written notice thereof shall be given to the persons affected.

G.

Construction and use to be as provided in applications, plans and permits: A building permit may be revoked by the building inspector at any time prior to the completion of the building or structure for which the same was issued, when it shall appear that there is a departure from the plans, specifications or conditions as required under terms of the permit, that the same was procured by false representation, or was issued by mistake, or that any of the provisions of the zoning ordinance are being violated. Upon the failure, refusal or neglect of any owner, his agent, contractor or duly authorized representative to secure such permit and pay the prescribed fee therefor, as herein provided, the building inspector may issue a stop order; provided, however, 24 hours' written notice of such revocation or order to stop shall be served upon the owner, his agent or contractor, or upon any person employed upon the building or structure for which such permit was issued, and thereafter no such construction shall proceed.

A.

Nothing herein contained shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed at the time of the adoption of this ordinance, and the remaining construction of which shall have been completed within one year of the date of the adoption of this ordinance. In addition, any commercial or industrial building or structure, for which a building permit has been approved by the city of [sic] not more than 12 months prior to the adoption of the ordinance, may be construed [constructed] according to the terms of that building permit.

A.

Existing permits and private agreements: This ordinance is not intended to abrogate or annul:

1.

Any permits issued before the effective date of this ordinance, or

2.

Any easement, covenant, or any other private agreement.

B.

Preserving rights in pending litigation and violations under existing ordinances: By the passage of this ordinance, no presently illegal use shall be deemed to have been legalized unless such use falls specifically within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this ordinance; but prosecution and suits for such offenses, liabilities, penalties, or forfeitures may be instituted, or causes presently pending be proceeded with in all respects as if such prior ordinance had not been repealed.

A.

Unless all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

B.

Fees: The planning and zoning commission, with the concurrence and approval of the board of commissioners [city commission], shall determine and set forth a fee schedule for the purpose of recovering the administrative cost of processing zoning and subdivision requests and the public hearings called for by this ordinance. Such fee shall be paid by the applicant and shall not be designed for restricting an applicant's ability to seek a hearing and/or to generate revenue for other than recovery of actual administrative cost incurred by the city. Immediately upon receipt of such application and fee, the director of planning shall note thereon the date of filing, and make a permanent record thereof.

a.

Purpose. The purpose of these rules is to govern the procedures of an appeal for a property development project by a developer of its costs of municipal infrastructure improvements as provided by state law.

b.

Appeal.

A.

In the event that a developer disputes the determination of the city for its costs of municipal infrastructure improvements for a property development project, it must file a written appeal with the city secretary within ten days after the date the planning and zoning commission approves the preliminary subdivision plan. The developer shall not be required to waive the right to appeal as a condition of approval of the development project.

B.

A written appeal shall set forth the infrastructure improvements, charges or costs of the municipal infrastructure improvements the developer seeks to contest.

C.

The city shall set a hearing within 30 days of written notice of appeal, or as otherwise agreed to in writing, by the city and developer.

D.

Failure of the developer to appear on the scheduled date and time at the appeal hearing before the city council shall be grounds for dismissal. Further appeal shall be barred.

c.

Standards for city council evaluation of the contested infrastructure cost apportionment. The developer shall bear the burden of proof to demonstrate that the city's municipal infrastructure cost apportionment determination is not roughly proportionate. The party appealing to city council shall have the burden of first presenting evidence as provided by these rules. The city council shall evaluate the contested infrastructure cost apportionment determination under the following standards:

1.

Does the infrastructure cost apportionment determination relate to the needs created by the property development project?

2.

Is the infrastructure cost apportionment determination roughly proportionate to the impact of the property development project?

d.

Procedural rules. The following procedural rules shall apply to appeals under this section and shall apply retroactively to any appeal under V.T.C.A., Local Government Code § 212.904:

1.

Opening of the hearing. The presiding officer of the council shall call the agenda item and open the hearing. The developer and the city may opt to have all or portions of the hearing conducted by a representative.

2.

Developer's presentation.

a.

The developer shall present written evidence and oral or written testimony regarding the infrastructure administrative apportionment determination to the council.

b.

If more than one apportionment determination is being contested by the developer, the developer shall present as part of his presentation an enumerated list of contested apportionment determinations.

c.

The developer may present oral testimony, written document, or both during the presentation of evidence and testimony.

d.

If the developer wishes to introduce written documentation, it must be provided to the city secretary no later than seven calendar days in advance of the hearing to ensure that council members have time to review the material prior to the appeal hearing.

e.

If the developer wishes to introduce expert testimony, it must file the expert's written testimony no later than seven days prior to the appeal hearing.

3.

Council examination/clarification of developers' presentation. Following the developer's presentation, the council may ask questions of the developer, and the developer's witnesses and representatives.

4.

City presentation. City staff, witnesses, and representatives may offer evidence and testimony regarding the apportionment determination or other relevant issue raised by the developer during his presentation or as directed by city council.

5.

Council examination/clarification of city's presentation. The council may question the city staff, witnesses, or representatives regarding the apportionment determination or other relevant issues raised in the presentations.

6.

Developer's cross-examination of city witnesses and rebuttal. The developer may question or cross-examine the city staff, witnesses, or representatives regarding the apportionment determination, the disputed issues raised by the developer, and any other area of testimony or evidence they addressed in their presentation or in response to council examination. The developer may also introduce rebuttal evidence during this stage of the proceeding.

7.

Council re-examination/clarification. The council may conduct further questioning of any previously called witness or seek any further explanation on any issue raised in the hearing.

8.

Developer re-cross-examination and closing statement. Following the conclusion of the city council's re-examination, the developer shall be given the option to conduct further questioning or cross-examination of any previously called witness. The developer shall also be given the opportunity to make a brief summation of his arguments or a closing statement.

9.

Closure and timetable for decision. Upon conclusion of the developer's case, the presiding officer shall inquire whether the developer has submitted all the evidence and testimony he wishes the council to consider. If the developer indicates all evidence and testimony has been submitted, the council shall issue a determination within 30 days of the conclusion of the hearing.

e.

Council authority. The council shall, upon a three-quarter vote, have the authority to affirm or overturn the findings of the city staff in making the infrastructure apportionment determination in whole or in part, and may make or modify an award or refund to the developer in order to confirm with the standards of rough proportionality set forth in V.T.C.A., Local Government Code § 212.904, and the standards set forth in subsection a., above.

(Ord. No. O-2017-17, § 1, 5-1-17)