(A)

Organization and appointment. There is hereby created a planning and zoning commission which shall be organized, appointed and functions as follows:

(1)

Membership. The town council will serve as the planning and zoning commission.

(2)

Meetings and organization. The commission shall hold an organizational meeting in July of each year. The commission shall meet regularly and shall designate the time and place of its meetings. The commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this chapter and the requirements of law. The planning and zoning commission shall elect a chairperson from its own membership at its annual organizational meeting.

(3)

Quorum and compensation. A quorum for the conduct of business shall consist of four members of the commission. The members shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.

(4)

Minutes and voting. The commission shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such vote, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the town secretary and shall be public record. Each member shall have a vote in all matters.

(B)

Duties and authority. The planning and zoning commission is hereby charged with the duty and invested with the authority to:

(1)

Formulate and recommend to the town council for its adoption a town plan for the orderly growth and development of the town and its environs and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety and general welfare of the citizens of the town.

(2)

Formulate a zoning plan as may be deemed best to carry out the goals of the town plan; hold public hearings and make recommendations to the town council relating to the creation, amendment and implementation of zoning regulations and districts as authorized under state law.

(3)

Review and make recommendations on the approval of subdivision plats. Study and recommend the location, extension and planning public right-of-way, parks or other public places, and on the vacating or closing of same.

(4)

Study and make recommendations regarding the general design and location of public buildings, bridges, products, street fixture and other structures and appurtenances.

(5)

Initiate, in the name of the town, proposals for the opening, vacating or closing of public right-of-way, parks, or other public places and for the change for zoning district.

(6)

Formulate and recommend to the town council for its adoption policies and regulations consistent with the adopted town plan governing the location and/or operation of utilities, public facilities, and services owned or under the control of the town.

(Ord. 00-20 § 20, passed 9-6-2000; Am. Ord. 12-04, passed 5-10-2012)

(A)

Creation, membership and procedures.

(1)

Zoning board of adjustment established. A zoning board of adjustment is hereby reestablished in accordance with the provisions of Tex. Loc. Gov't. Code § 211.008, as amended, regarding the zoning of cities and with the powers and duties as provided in that code.

(2)

Membership.

(a)

The zoning board of the adjustment shall consist of five members, each to be appointed by the town council for a term of two years and removable for cause by the appointment authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Three members shall serve until January 1 of odd-numbered years, as heretofore appointed, and two members, as heretofore appointed, shall serve until January 1 of even-numbered years, and thereafter each member reappointed for each new appointee shall serve for a full term of two years unless removed as hereinabove provided.

(b)

The town council may also appoint four alternate members of the board who shall serve in the absence of one or more of the regular members when requested to do so by the chairperson of the board, so that all cases to be heard by the board will always be heard by a minimum number of four members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal by the same means and under the same procedures as the regular members.

(c)

In the event that a zoning board of adjustment had not been appointed or fewer than four members are active on the board, subsection (F) of this section shall apply.

(3)

Hearings. The hearings of the board shall be public. The board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any permit is pending, and shall also hear any other parties in interest. All hearings are to be heard by at least four members of the board.

(4)

Meetings. Regular meetings of the board shall be held at such times as the board may determine. Special meetings of the board shall be held at the call of the chairperson or at the written request of two regular members of the board, said request to be submitted to the chairperson.

(5)

Rules and regulations. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating that vote, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the town secretary and shall be public record. The board shall act by resolution in which four members must concur. The board shall adopt from time to time additional rules and regulations as it may deem necessary to carry into effect the provisions of this chapter. All of its resolutions and orders shall be in accordance therewith.

(B)

Powers and duties of board.

(1)

Appeals based on error. The board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official of the town of the enforcement of this chapter.

(2)

Special exceptions. The board shall have the power to hear and decide special exceptions to the terms of this chapter upon which the board is required to pass as follows:

(a)

Permit the erection and use of a building or the use of premises for railroads if the uses are in general conformity with the master plan and present no conflict or nuisance to the adjacent properties.

(b)

Permit a public utility or public service or structure in any zoned district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the zoned district in which the public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety or general welfare.

(c)

Grant a permit for the extension of a use, height or area regulation into an adjoining zoned district where the boundary line of the zoned district divides a lot in a single ownership on the effective date of this chapter.

(d)

Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy, to the extent of more than 50% of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use and primary purpose of continuing the nonconforming use is not to continue a monopoly.

(3)

Limitation on reapplications. When the board has denied a proposal, no new applications of similar nature shall be accepted by the board or scheduled for 12 months after the date of board denial. Applications which have been withdrawn at or before the board meeting may be resubmitted at any time for hearing before the board.

(4)

Vote of four members required. The concurring vote of four members of the board is necessary to:

(a)

Reverse an order, requirement, decision or determination of an administrative official;

(b)

Decide in favor of an applicant on a matter on which the board is required to pass; or

(c)

Authorize a variance from the terms of the zoning ordinance.

(C)

Appeals.

(1)

Procedure. Appeals may be taken to and before the zoning board of adjustment by any person aggrieved, or by an officer, department, board or bureau in the town. The appeal shall be made by filing in the office of the town secretary a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board all of the papers constituting the record from which the action appealed was taken.

(2)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the zoning board of adjustment that, by reason of facts in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted or by a court of equity, after notice to the office from whom the appeal was taken.

(3)

Notice of hearing on appeal. The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of the hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board to be affected thereby, the owners and persons being determined according to the current tax rolls of the town. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.

(4)

Decision by board. The board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm wholly or partly or may modify the order, requirements, decision or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.

(D)

Variances. The board shall have the power to authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done, including the following:

(1)

Permit a variance in the yard requirements of any zoned district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of the provisions due to an irregular shape of the lot or topographical or other conditions, provided the variance will not seriously affect any adjoining property or the general welfare.

(2)

Authorize, upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the construction or alteration of buildings or structures will impose upon him or her unusual and practical difficulties or particular hardship, variances from the strict application of the terms of this chapter as are in harmony with its own general purpose and intent, but only when the board is satisfied that granting of the variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this chapter and at the same time, the surrounding property will be properly protected.

(3)

The board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the building inspector in the enforcement of this chapter. Except as otherwise provided herein, the board shall have, in addition, the following specific powers:

(a)

To permit the erection and use of a building or the use of premises for railroads if the uses are in general conformance with the master plan and present no conflict or nuisance to adjacent properties;

(b)

To permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which the public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety or general welfare;

(c)

To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this chapter;

(d)

To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy, to the extent of more than 90% of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use; and

(e)

To waive or reduce the parking and loading requirements in any of the districts, when either the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities; or when these regulations would impose an unreasonable hardship upon the use of the lot. The board shall not waive or reduce the requirements merely for the purpose of granting an advantage or a convenience.

(4)

A written application for variance shall be submitted together with the required fee, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating:

(a)

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;

(b)

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

(c)

That the special conditions and circumstances do not result from the actions of the applicant; and

(d)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district; and no nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

(E)

Changes. The board shall have no authority to change any provisions of this chapter and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The board may not change the district designation of any land either to a more or less restrictive zone. It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the administrative official, that the questions shall be presented to the board only on appeal from the decision of the building official, and that recourse from the decisions of the zoning board of adjustment shall be to the courts as provided by the laws of the State of Texas.

(F)

Council acting in the capacity of a zoning board of adjustment. In the event five knowledgeable citizens of the town cannot be found to serve on the zoning board of adjustment, the council shall act in the capacity of a zoning board of adjustment.

(Ord. 00-20 § 21, passed 9-6-2000; Am. Ord. 04-33, passed 7-12-2004)

(A)

General requirements. All structures, being built or otherwise located within the town limits must have a building permit issued by the building inspector. An application must be made with plat and it must comply with all the town building and zoning ordinances. Residential accessory buildings of less than 100 square feet require no fee. No structure constructed or otherwise located within the town limits may be occupied prior to issuance of a certificate of occupancy by the building inspector. No change in the existing conforming use of a structure or land may take place prior to issuance of a certificate of occupancy by the building inspector.

(B)

Procedure for new or altered buildings. Plans for any structure to be constructed or otherwise located within the town limits must be approved by the building inspector who, upon approval, shall issue a building permit. A complete application for a building permit shall contain details of foundation and structure sufficient to determine compliance with applicable provisions of the building code. Upon submission of a complete application, the building inspector shall issue a building permit. After issuance of a building permit and prior to issuance of a certificate of occupancy, the building inspector shall conduct a foundation, plumbing, electrical and framing inspection. After the inspection, the building inspector shall issue a certificate of occupancy if the plans and the results of the inspections comply with the provisions of all applicable ordinances and regulations.

(C)

Procedure for vacant land or a change in use. Written application for certificate of occupancy of the use of vacant land, or for a change in the use of or a building, or for a change in a nonconforming use, as herein provided, shall be made to the building inspector. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefor shall be issued within ten days after the application for same has been made.

(D)

Contents of certificate of occupancy. Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and ordinances. A record of all certificates of occupancy shall be kept on file in the office of the building inspector or his or her agent, and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.

(E)

Temporary certificates. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its completion. Issuance of a temporary certificate shall not be construed to alter the respective rights, duties, or obligation of the owner or the town relating to the use or occupancy of the premises or any other matter covered by this chapter.

(F)

Certificates for nonconforming uses. A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this chapter. Application for the certificate of occupancy for a nonconforming use shall be filed with the building inspector by the owner or lessee of the building or land occupied by the nonconforming use within one year of the effective date of this chapter. It shall be the duty of the building inspector to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for the certificate of occupancy for a nonconforming use shall be evidence that the nonconforming use was either illegal or did not lawfully exist at the effective date of this chapter.

(Ord. 00-20 § 22, passed 9-6-2000)

(A)

Declaration of policy. The town declares the enactment of these regulations governing the use and development of land, buildings and structures to be a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

(1)

To correct any error in the regulations or map;

(2)

To recognize changed or changing conditions or circumstances in a particular locality; or

(3)

To recognize changes in technology, style of living, or manner of doing business.

(B)

Authority to amend ordinance. The town council may from time to time, after public hearings required by law, amend, supplement or change the regulations herein provided or the classification or boundaries of the zoning districts. Any amendment, supplement or change to the text of the zoning ordinance and any change in the classification or boundaries of the zoning districts may be ordered for consideration by the town council, may be initiated by the planning and zoning commission, the town council or may be requested by the owner of the affected real property or the authorized representative of an owner of affected real property.

(C)

Public hearing and notice. The process for amending the zoning ordinance, including changes to zoning district boundaries, shall follow the process provided in the Tex. Loc. Gov't. Code, Ch. 211 and this section.

(1)

Upon filing of an application for an amendment to the zoning ordinance and/or map, the director of planning and zoning shall schedule a public hearing before the planning and zoning commission at the next available agenda.

(2)

(a)

Written notice of the hearing shall be sent to the owner of the property or his or her agent and to all owners of real property lying within 200 feet of the property on which the change in classification is proposed, which notice to be given not less than ten days before the date of the hearing, to all owners who have rendered their property for town taxes as the ownership appears on the last approved town tax roll. This notice may be served by depositing the same, properly addressed and postage paid, in the town post office. Where the property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the town after the final date for making the renditions which are included on the last approved town tax roll, notice to the owners shall be given by one publication in the official newspaper at least 15 days before the time of the hearing.

(b)

The town shall have at least one sign erected on any property upon which a zoning change request has been filed. When the legal ad for the zoning change is run in the paper then the sign needs to be placed on the property requesting the change. The erection or continued maintenance of the sign or signs shall not be deemed a condition precedent to the holding of any public hearing.

(3)

At the conclusion of the hearing, the planning and zoning commission shall make a recommendation to the town council, the recommendation shall be by resolution of the planning and zoning commission carried by the affirmative votes of not less than a majority of its total membership present and voting. A copy of any recommendation shall be submitted to the town council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.

(4)

The planning and zoning commission may recommend denial of an application with or without prejudice against the applicant to refile the application. If the commission recommends denial of the application and fails to clearly state the same is being denied with prejudice, then it shall be deemed that the application is being recommended for denial without prejudice against refiling. If it is later determined by the commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given agricultural zoning is exempt from the one-year waiting period.

(D)

Action of the town council.

(1)

Town council shall act on the recommendation of the planning and zoning commission for the application after a public hearing in accordance with Tex. Loc. Gov't. Code § 211.006 has been held. The town shall give notice of the time and place of the hearing by one publication in the official newspaper at least 15 days prior to the hearing, and in addition shall send written notices to the owner of the property or his or her agent, and to all property owners of real property lying within 200 feet of the subject property pursuant to subsection (C)(2) of this section.

(2)

In the case of a protest against an amendment to the ordinance signed by the owners of 20% or more either of the area of the lots or land immediately adjoining the area included in the proposed change and extending 200 feet from that area, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the town council of the town.

(3)

In making its determination, the town council shall consider 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 public schools, 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 which may make a substantial part of the vacant land unsuitable 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 changes;

(e)

The manner in which other areas designated for similar development will be or are likely to be affected if the proposed amendment is approved and whether the designation for other areas should also be modified; and

(f)

Any other factors which will substantially affect the public health, safety, morals or general welfare.

(4)

In considering a motion to deny a zoning application, or upon voting to deny a zoning application, the town council shall further consider whether the application shall be denied with or without prejudice against refiling. If the town council shall deny the application and fail to clearly state the same is being denied with prejudice, then it shall be deemed that the application is being denied without prejudice against refiling. If an application is denied with prejudice, no application may be filed for all or part of the subject tract of land for a period of six months from the date of denial by the town council. If it is determined by the planning and zoning commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself it may waive the waiting period and grant a new hearing. Newly annexed land which has been given agricultural zoning is exempt from the six-month waiting period. A new application affecting or including all or part of the same property must be substantially different from the application denied, to be eligible for consideration within six months of the denial of the original application. In the event a reapplication affecting the same land is for a zone that will permit the same use of the property as that which would have been permitted under the denied application, the same shall not be considered to be substantially different from the application denied.

(E)

Changes in zoning regulations. Amendments to this chapter not involving a particular property but involving change in the zoning regulations generally do not require notice to individual property owners. In these cases, notice of the required public hearing shall be given by publication in the official newspaper of the town, stating the time and location of the public hearing, which time shall not be earlier than 15 days from the date of the publication.

(Ord. 00-20 § 23, passed 9-6-2000; Am. Ord. 03-60, passed 10-13-2003; Am. Ord. 04-32, passed 7-12-2004)

(A)

The town council shall establish a schedule of fees, charges and expenses, and a collection procedure for building permits, certificates of zoning compliance, appeals and other matters pertaining to this chapter. The schedule shall be posted in the office of the administration official and may be altered or amended only by the town council.

(B)

No permits, certificates, special exception or variance shall be issued unless and until the costs, charges, fees or expenses have been paid in full, nor hall any action be taken on proceedings before the board of adjustment unless or until preliminary charges and fees have been paid in full.

(C)

The exact charge of the following services will be established by separate ordinance.

(1)

For docketing a zoning petition with the Planning and Zoning Commission of the Town of Ponder; and

(2)

For docketing an application for relief with the Board of Adjustment of the Town of Ponder.

(Ord. 00-20 § 24, passed 9-6-2000)

Cross reference— Fee schedule, see Ch. 36.

All structures being demolished or otherwise removed within the town limits must have a demolition permit issued by the building inspector. An application must be made with plat and it must comply with all of the town's ordinances, state laws, and building code, whether herein specified or not. No final release will be issued until all inspections have been satisfactorily completed and the lot cleared of all debris/material. It is the responsibility of the owner/contractor to arrange for disconnection of all utilities before demolition work begins.

(Ord. 00-20 § 25, passed 9-6-2000)

Any person or corporation violating any of the provisions of this chapter shall upon conviction be fined a sum not to exceed $2,000.00 per day and every day that the provisions of this chapter are violated shall constitute a separate and distinct offense. In addition to the penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district where the roperty owner may be affected or invaded by violation of the terms of this chapter to bring suit in the courts having jurisdiction thereof and obtain any remedies as may be available at law and equity in the protection of the rights of the property owners.

(Ord. 00-20 § 26, passed 9-6-2000)