Richland Hills City Zoning Code
ARTICLE 6
Development Review Procedures
§ 6.01 Creation of Building Site.
90-6.01.01
Creation of a Building Site, Tract or Lot.
No permit for the construction of a building or buildings or fence, wall, or sign upon any tract or plot shall be issued until a building site, building tract or building lot has been created by compliance with one of the following conditions:
(A)
Plat requirement.
The lot or tract is part of a plat of record, approved by the city and filed in the plat records of Tarrant County, Texas.
(B)
Officially approved tract requirement.
The tract is all or part of an officially approved site plan in a PD Planned Development District or specific use permit (SUP), in which the site plan provides all utility and drainage easements, alleys, streets and other public improvements necessary to meet the normal requirements for platting, including the designation of building areas, and such easements, alleys, and streets have been acquired and properly dedicated and the necessary public improvements provided.
(C)
Public improvements.
Per V.T.C.A., Local Government Code ch. 212, public improvements shall not be required for tracts greater than five acres that have public access.
90-6.01.02
Building Permit.
(A)
Permit requirement.
(1)
Building permits are required within the city limits in accordance with 2012 International Building Code. No building or other structure shall be erected, moved, modified, added to, or structurally altered within the city limits without a building permit issued by the city. No building permit shall be issued except in conformity with the provisions of this chapter and all applicable construction codes of the city.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014; Ord. No. 1296-15, § 2(Exh. A), 8-18-2015]
§ 6.02 Certificates of Occupancy and Compliance.
90-6.02.01
Certificates of Occupancy Required.
(A)
Use.
No building hereafter erected or structurally altered, shall be used, occupied or changed in use until a certificate of occupancy or other final building permit inspection has been issued by the building official, stating that the building or proposed use of the building or premises complies with the building code, electrical code, plumbing code, fire code, and the provisions of these regulations.
(B)
Change in use.
A change in use shall be construed to mean any change in occupancy, type of business, nonresidential tenant, or ownership in nonresidential building.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014; Ord. No. 1410-20, § 1, 6-22-2020]
§ 6.03 Zoning Text and Map Amendments.
(A)
Procedures.
(1)
Process requirements.
(a)
Zoning amendments require city council approval.
The city council may, from time to time, amend, supplement or change by ordinance, the boundaries of the zoning districts (i.e., zoning map amendment (rezoning)) or the regulations herein established (i.e., zoning text amendment).
(b)
Planning and zoning commission recommendation required for all amendments.
Before taking action on any proposed amendment the city council shall submit the same to the planning and zoning commission for its recommendation and/or report.
(c)
Petitions submitted to the city council.
1.
Any person or corporation having a proprietary interest in any property may petition the city council for a change or amendment to the zoning provisions of this Zoning Ordinance or map; or
2.
The planning and zoning commission may, on its own motion or on request from the city council, study and propose zoning changes and/or amendments for the city council's consideration.
(2)
Two types of zoning amendments.
(a)
Zoning map amendment (rezoning).
A zoning map amendment (rezoning) is a change or modification to the boundaries of any zoning district.
(b)
Zoning text amendment.
A zoning text amendment is a change to the text of this Zoning Ordinance and does not include change or modification to the boundaries of any zoning districts.
(3)
Planning and zoning commission recommendation requires public hearing.
(a)
The planning and zoning commission shall hold a public hearing on any application for any amendment or change prior to making its recommendation and/or report to the city council.
(b)
In the case of a zoning map amendment (rezoning):
1.
Written notice of all public hearings before the planning and zoning commission on a proposed amendment or change shall be sent to all owners of real property within 200 feet of the property on which the change is requested.
(i)
Such notice shall be given not less than ten days before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved city tax roll or county tax roll for the area affected.
2.
Any proposed map amendment shall be consistent with the comprehensive plan.
3.
For selected zoning districts, each rezoning application shall be accompanied by a site plan (see subsection 6.06.01.(A)(1)).
(4)
Sign posting for a zoning map amendment (rezoning) related to a particular property.
(a)
At least ten days prior to the public hearing by the planning and zoning commission on a proposed amendment to the zoning text and/or map related to particular property, the city shall cause a sign, clearly visible to passersbys, to be placed and maintained on such property.
(b)
The sign shall state that the property is the subject of a rezoning application.
(c)
The zoning administrator shall furnish the applicant the sign, which the applicant shall post on the property proposed to be rezoned.
(d)
The sign shall remain continuously posted on the property until the city council has conducted its public hearing on the matter.
(5)
Effect of posted sign maintenance.
The continued maintenance of the sign shall not be a condition precedent to the holding of a public hearing, the adoption of any proposed zoning change, or any other official action concerning such amendment.
(6)
City council decision and public hearing required.
(a)
A public hearing shall be held by the city council before adopting any proposed amendment.
(b)
Notice of such hearing shall be given by publication in the official publication of the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the date of publication.
(7)
Three-fourths city council vote required for protested amendments.
(a)
If a proposed change to a district regulation or boundary is protested in writing and signed by the owners of at least 20 percent of either:
1.
The area of the lots or land covered by the proposed change; or
2.
The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area, then, in order to take effect, the proposed change must receive at least three-fourths affirmative vote of all members of the council.
(b)
In computing the percentage of land area under subsection (G)(1) above, the area of streets and alleys shall be included.
Figure 5. Calculation for Areas of Protest  |
(8)
Joint public hearing.
At its discretion, the city council may conduct the public hearing on an amendment to the Zoning Ordinance jointly with a public hearing required to be held by the planning and zoning commission. The city council may not take action in the matter until it receives the final report of the commission.
(B)
Public Hearings and Notification Requirements for Zoning Related Applications.
(1)
Public hearings.
Public hearings shall be conducted for each review body per plan or application type according to the following table.
Table 11. Review Bodies and Associated Public Hearings | |||
|---|---|---|---|
Application Type | City Council | Planning & Zoning Commission | Board of Adjustment |
Zoning Map Amendment (Rezoning) | Hearing | Hearing | |
Zoning Text Amendment | Hearing | Hearing | |
PD Application and Review | Hearing | Hearing | |
Specifc Use Permit (SUP) | Hearing | Hearing | |
Amortization of Nonconforming Uses | Hearing | ||
Appeal of an Administrative Decision | Hearing | ||
Zoning Variance | Hearing | ||
Zoning Special Exception | Hearing | ||
(2)
Public notices.
Public notices shall be required according to the following table.
Table 12. Required Public Notice | ||||
|---|---|---|---|---|
Application Type | Property Posted (Sign) Notice | Published (Newspaper) Notice | Mailed Notice | Posted Notice |
Zoning Map Amendment (Rezoning) | Required (P&Z/ City Council) | Required (City Council) | Required (P&Z) | Required (P&Z/ City Council) |
Zoning Text Amendment | Required (City Council) | Required (City Council) | ||
PD Application and Review | Required (P&Z/ City Council) | Required (City Council) | Required (P&Z) | Required (P&Z/ City Council) |
Specifc Use Permit (SUP) | Required (P&Z/ City Council) | Required (City Council) | Required (P&Z) | Required (P&Z/ City Council) |
Amortization of Nonconforming Uses | Required (ZBA) | Required (ZBA) | Required (ZBA) | |
Appeal of an Administrative Decision | Required (ZBA) | |||
Zoning Variance | Required (ZBA) | Required (ZBA) | ||
Zoning Special Exception | Required (ZBA) | Required (ZBA) | ||
(3)
Types of notice.
(a)
Postings of signs on property.
The zoning administrator shall maintain an inventory of signs to fulfill the notification requirements listed in Table 12. Required Public Notice.
(b)
"Published notice" and "mailed notice" of public hearing for zoning changes involving real property.
1.
Mailed notice (also referred to as "written notice"):
(i)
Written notice of the public hearing before the planning and zoning commission shall be sent to all owners of property, as indicated by the most recently approved city tax roll, that is located within the area of application and within 200 feet of any property affected thereby, said written notice to be sent before the tenth calendar day prior to the date such hearing is to be held.
(ii)
Said written notice shall be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the regular United States mail.
(iii)
If written notice as required is not sent before the tenth calendar day prior to the date of the hearing, then the hearing must be delayed until this notice requirement is met. Such notice shall include:
A.
Legal description of the property and the street address or approximate location within the city;
B.
Present zoning classification of the property and the zoning sought by the applicant. If not a rezoning, then the nature or intent of the application shall be described;
C.
The date, time and place of hearing;
D.
The web site that contains the zoning map and information regarding the rezoning;
E.
The phone number where questions may be answered; and
F.
Other information as may be necessary to provide adequate and timely public notice.
2.
Published notice.
Notice of the public hearing to occur before the city council shall be accomplished by publishing the purpose, date, time, and place of the public hearing in the official newspaper of the city before the 15th calendar day prior to the date of the public hearing.
(c)
"Published notice" of public hearing for zoning changes involving regulation text:
1.
For requests involving proposed changes to the text of the zoning regulations, notice of the city council public hearing shall be accomplished by publishing the purpose, date, time, and place of the public hearing in the official newspaper of the city before the 15th calendar day prior to the date of the public hearing.
2.
Changes in the zoning text that do not change zoning district boundaries (i.e., that do not involve specific real property) do not require mailed/written notification to individual property owners.
(d)
"Published notice" and "mailed notice" of an appeal of an administrative decision to the board of adjustment:
1.
For an appeal of an administrative decision, the board of adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice by written notice in the mail addressed to all owners of real property located within 200 feet of the property on which the appeal is made, and by publication of notice of such hearing in the city's official newspaper.
2.
Both the written/mailed and published notice shall be given at least ten days prior to the date for the hearing.
3.
At the hearing, any party may appear in person or by attorney or by agent.
(e)
Additional rules and procedures established:
1.
The city council may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and development proposals (e.g., required plans, plats, etc.), which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the applicant or its agent(s).
2.
Knowledge of and adherence to such rules and procedures, if so established by the city, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application.
(f)
Special notice.
Pursuant to V.T.C.A., Local Government Code § 211.007(d), the city council may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the city council and the planning and zoning commission.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014; Ord. No. 1461-22 adopted 10/24/2022]
§ 6.04 Complete Applications.
90-6.04.01
Applicability, Completeness and Expiration.
(A)
Applicability.
The following procedures shall apply to any zoning related plan or application that is required by the city and is submitted in accordance with this Zoning Ordinance.
(B)
Determination of completeness for zoning related applications.
Every required application shall be subject to a determination of completeness by the zoning administrator.
(1)
Acceptance standard.
The application shall only be accepted by the zoning administrator when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this Zoning Ordinance. A typographical error shall not, by itself, constitute an incomplete application.
(2)
Acceptance procedures.
A determination of completeness of an application shall be conducted in accordance with the following procedures:
(a)
A determination of completeness shall be made by the responsible official not later than the tenth business day following submission of the application, unless otherwise specified, after the official vesting date.
(b)
If the submitted application is incomplete, the applicant shall be notified in writing not later than the tenth business day following submission of the application.
1.
Such notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail transmission, before the close of the tenth business day following submission of the application.
2.
The notification shall specify the documents or other information needed to complete the application, and shall state the date the application will expire (see subsection (D) Expiration of a zoning related application due to incompleteness below) if the documents or other information are not provided to the city.
(c)
An application shall be deemed complete on the 11th business day after the application has been received if notice is not provided in accordance with subsection (B)(2)(b) above.
(d)
If the application is determined to be complete, the application shall be processed as prescribed by this Zoning Ordinance.
(3)
Acceptance shall not constitute compliance.
A determination of completeness shall not constitute a finding of compliance with the substantive requirements of this section.
(4)
Acceptance shall not guarantee approval.
It is not guaranteed that an accepted, complete application will be approved, if after the application is deemed complete it is determined that the application does not comply with this Zoning Ordinance.
(C)
Re-submittal after notification of incompleteness.
(1)
If the application is re-submitted after a notification of incompleteness within the time allotted in subsection (B)(2)(b) above, the application shall be processed upon receipt of the re-submittal.
(2)
To the extent that the information and/or documents submitted are not sufficient to enable the decision-maker to apply the criteria for approval, the application may be denied on such grounds.
(D)
Expiration of a zoning related application due to incompleteness.
Pursuant to V.T.C.A., Local Government Code ch. 245, a zoning related application shall automatically expire at the close of business on the 45th calendar day after the application official vesting date, if:
(1)
The applicant fails to provide documents or other information necessary to comply with the city's technical requirements relating to the form and content of the permit application; and
(2)
The city provides to the applicant, not later than the tenth business day after the date the application is filed, written notice that specifies the necessary documents or other information, and the date the application will expire if the documents or other information is not provided; and
(3)
The applicant fails to provide the specified documents or other information necessary to comply with the city's requirements relating to the application within the time provided in the notification.
(E)
Zoning amendment application.
(1)
Complete applications required.
No zoning amendment application shall be accepted for filing or processing unless such request is accompanied by a completed application form and all documents required by and prepared in accordance with the requirements of the zoning regulations and any other applicable ordinance and it is filed with the zoning administrator.
(2)
Texas Local Government Code ch. 245 does not apply to zoning amendment applications.
Chapter 245 of the Texas Local Government Code, as amended, shall not apply to a zoning amendment application or an ordinance establishing zoning since neither is a permit under this Zoning Ordinance or V.T.C.A., Local Government Code ch. 245.
(3)
Denial of zoning applications.
(a)
If any city official processes a zoning application prior to the application being determined complete, the application shall then be deemed invalid and shall be grounds for denial or revocation of such application.
(b)
A typographical error shall not constitute an incomplete application.
(c)
The applicant shall be notified of such denial or revocation for an incomplete zoning application in writing.
(F)
Vesting begins on the official vesting date.
An application shall be vested into the zoning classifications in effect at the time of the application's official vesting date.
(G)
Submission of previously decided zoning related application.
After the final decision on a specific application by the decision-maker, the application shall not be resubmitted for a minimum of six months from the decision-maker's action.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]
§ 6.05 Zoning Vested Rights Determination.
90-6.05.01
Zoning Vested Rights Determination.
(A)
Purpose.
In accordance with the V.T.C.A., Local Government Code ch. 245 or successor statute, the purpose of a zoning vested rights determination request is to determine whether one or more standards of this Zoning Ordinance should not be applied to a plan or application, or whether certain permits are subject to expiration.
(B)
Applicability of a zoning vested rights determination request.
(1)
Any application.
A zoning vested rights determination request may be sought for an application, permit, or plan required under this Zoning Ordinance.
(2)
Joint submission.
A zoning vested rights determination request may be submitted by an application along with submission of a request for a zoning text amendment to this Zoning Ordinance, a zoning map amendment (rezoning), or any other request for a legislative decision by the city council.
(C)
Determination request submission.
(1)
Filing.
A zoning vested rights determination request shall be submitted to the zoning administrator in accordance with the V.T.C.A., Local Government Code ch. 245 or successor statute.
(2)
Stay of further proceedings. Submission of such request shall stay further proceedings on the related application until a final decision is reached on the zoning vested rights determination.
(D)
Determination request requirements.
The zoning vested rights determination request shall allege that the applicant has a vested right that requires the city to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The request shall include, at a minimum, the following information and documents:
(1)
Basic owner information.
The name, mailing address, phone number and fax number of the property owner (or the property owner's duly authorized agent).
(2)
Identification of property and "project":
(a)
Identification of the property for which the property owner claims a vested right.
(b)
Identification of the "project," as that term is defined in V.T.C.A., Local Government Code § 245.001(3).
(c)
A chronology of the history of the "project," with special emphasis on facts establishing that the project was in progress on or commenced after September 1, 1997, as required by V.T.C.A., Local Government Code § 245.003.
(3)
Narrative description for purpose of determination request.
A narrative description of the grounds for the determination request, including a statement as to whether the request asserts a vested right related to a specific regulation or to an entire project.
(4)
Identification of regulations:
(a)
Identification of the city regulations in effect at the time the original application for the permit that the owner contends are vested and that the owner contends controls the approval, disapproval, or conditional approval of an approval for a permit, pursuant to V.T.C.A., Local Government Code §§ 245.002(a) and (b).
(b)
Identification of the city regulations, with particularity and in detail, that the property owner contends do not apply to the project due to the vested rights provided the property owner by V.T.C.A., Local Government Code ch. 245.
1.
Global references to a particular ordinance, or set of criteria, may be deemed insufficient and the city may consider the request for a vested rights determination to be incomplete and, hence, not subject to a staff determination at that time.
(c)
Identification of any current city regulations that applicant agrees can be applied to the application at issue.
(5)
Copies of applications.
A copy of each approved or pending application that is the basis for the zoning vested rights determination request shall be submitted to the city.
(6)
Submittal date of first application.
The submittal date of the first application that began the vesting process (i.e., first permit in the series of permits required for the project), as identified in section 6.04 Complete Applications.
(7)
Submittal date of subsequent application.
If applicable, the submittal dates of subsequent application for the permits for the project.
(8)
Narrative description of how current regulations affect proposed use.
A narrative description of how the application of current regulations affect proposed use of the land, landscaping or tree preservation, open space, or park dedication, lot size, lot dimensions, coverage or building size shown on the application for which the request is filed.
(9)
Copies of prior vested rights determinations.
A copy of any prior vested rights determination involving the same land.
(10)
Benchmarking project progress for expiring permits or applications.
Whenever the applicant alleges that a permit or application subject to expiration should not be terminated, a description of the events constituting progress toward the completion of the project approaching permit expiration was approved.
(E)
Validity and expiration of different "permits" for vesting purposes.
(1)
Required plan or rezoning validity and expiration.
(a)
Required plan or rezoning.
A site plan for rezoning or an SUP's site plan shall be considered a "permit" as described by state law in V.T.C.A., Local Government Code § 245.005, as amended, of the Texas Local Government Code (TLGC) and be referred to as a "required plan."
(b)
Appropriate approval required for a "permit".
A required plan shall not be considered a "permit" unless it has been approved by the appropriate entity before the effective date of these regulations, or an application for a required plan is complete as of the effective date of these regulations.
(c)
Required plan expiration.
Any approved required plan shall be deemed expired two years from the date on which the required plan was originally approved by the appropriate entity if no progress (see subsection (E)(1)(d) below) has been made toward completion of the project.
(d)
Progress benchmarks.
The term "progress" shall be as defined based on V.T.C.A., Local Government Code § 245.005 as follows:
1.
Plans for construction and an application for a building permit for at least one of the buildings on the approved required plan are submitted within two years following approval of the required plan;
2.
A good-faith attempt is made to file with the city an application for a permit necessary to begin or continue towards completion of the project;
3.
Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;
4.
Fiscal security is posted with the city to ensure performance of an obligation required by the city; or
5.
Utility connection fees for the project have been paid to the city.
(e)
Required plan expiration.
If one of the items listed in subsections (E)(1)(d)1 through (E)(1)(d)5 above, is not accomplished within the two-year period, the approved required plan shall expire upon the second anniversary of its approval by the appropriate entity, and shall become null and void.
(f)
Required plan extension and reinstatement request:
1.
Prior to the expiration of a required plan, the applicant may request the city (in writing) to extend the required plan approval.
2.
The zoning administrator shall be the responsible official for processing and review of the application.
3.
Such request shall be recommended for approval or denial by the planning and zoning commission, and shall be granted approval or denied by the city council.
4.
If no request is submitted, then the required plan shall be deemed to have expired and shall become null and void.
(i)
Any new request for required plan approval thereafter shall be deemed a "new permit", and shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section.
(ii)
The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.
5.
In determining whether to grant a request for extension, the planning and zoning commission and city council shall take into account the following factors:
(2)
Building permit site plan validity and expiration.
A site plan required as part of a building permit application shall be considered a "permit" as described by state law in V.T.C.A., Local Government Code § 245.005, as amended, of the Texas Local Government Code (TLGC).
(a)
Building permit site plan expiration.
Any approved building permit site plan shall be deemed expired two years from the date on which the building permit site plan was approved if no progress has been made toward completion of the project.
(b)
Progress benchmarks.
The term "progress" shall be as defined based on V.T.C.A., Local Government Code § 245.005 as follows:
1.
Plans for construction and an application for a building permit for at least one of the buildings on the approved building permit site plan are submitted within two years following approval of the building permit site plan;
2.
A good-faith attempt is made to file with the city an application for a permit necessary to begin or continue towards completion of the project;
3.
Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;
4.
Fiscal security is posted with the city to ensure performance of an obligation required by the city; or
5.
Utility connection fees or impact fees for the project have been paid to the city.
(c)
Expiration.
If one of the items listed in subsections (E)(1)(d)1 through (E)(1)(d)5 above, is not accomplished within the two-year period, then the approved building permit site plan shall expire and shall become null and void.
(d)
Building permit site plan extension and reinstatement request:
1.
Prior to the expiration of a building permit site plan, the applicant may request the city (in writing) to extend the building permit site plan approval.
2.
The zoning administrator shall be the responsible official for processing and review of the application.
3.
Such request shall be recommended for approval or denial by the planning and zoning commission, and shall be granted approval or denial by the city council.
4.
If no request is submitted, then the building permit site plan shall be deemed to have expired and shall become null and void.
A.
Any new request for building permit site plan approval shall be deemed a "new permit", and shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section.
B.
The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.
5.
In determining whether to grant a request for extension, the planning and zoning commission and city council shall take into account the following reasons for the lapse:
(3)
Planned development master plan: validity and expiration.
In conformance with V.T.C.A., Local Government Code ch. 245, as amended, the applicant shall retain the following additional rights related to an approved planned development master plan.
(a)
Preliminary plat submittal within two years required:
1.
An application for a preliminary plat shall be submitted for approval within two years of the date of approval of a planned development master plan, unless otherwise provided in the PD adopting ordinance.
2.
If a preliminary plat consistent with the planned development master plan is not submitted within such period, the planned development master plan shall expire.
(b)
Expiration of an approved planned development master plan:
1.
Expiration of an approved planned development master plan (based on subsection (E)(3)(a) above) shall result in suspension of the ability to submit a preliminary plat related to the original planned development master plan.
2.
A new planned development master plan must be submitted before the development process can continue.
(c)
Expiration of an approved preliminary plat:
1.
The expiration of an approved preliminary plat shall be governed by the provisions of the subdivision ordinance.
2.
If a required development application (e.g., preliminary plat, final plat, building permit) is submitted within the two-year period, but such development application subsequently expires, the associated planned development master plan shall also expire.
(4)
Ability to retain the rights to the PD planned development project.
In conformance with V.T.C.A., Local Government Code ch. 245, as amended, the applicant shall retain the following rights related to a proposed PD planned development following submittal and approved of a planned development master plan.
(a)
Ability to submit applications for five years:
1.
The applicant shall retain the ability to submit a new planned development master plan for a period of five years following the original planned development master plan approval.
2.
Such new planned development master plan may only be for a substantially similar PD project.
3.
However, any such new planned development master plan shall adhere to any and all new standards and regulations that the city has adopted in relation to a planned development master plan and/or any other PD application requirements.
(b)
Expiration of project in five years.
Any PD project for which no preliminary plat has been submitted for a period of five years following the approval of the related planned development master plan shall expire on the last day of that five-year period.
(c)
Planning and zoning commission consideration:
1.
After such five-year period has ended and the project expires, the planning and zoning commission shall consider whether the undeveloped land within the PD District should be changed to another zoning classification in accordance with the procedures for a zoning amendment pursuant to section 6.03 Zoning Text and Map Amendments.
2.
The planning and zoning commission thereafter shall recommend to the city council whether the right to submit a preliminary plat or other development application for the same PD project should be reinstated, or whether the property should be rezoned to another classification.
(d)
City council consideration and action:
1.
Consideration:
A.
The planning and zoning commission's recommendation (as outlined in subsection (E)(4)(c) above) shall be considered by the city council in accordance with procedures for a zoning amendment pursuant to section 6.03 Zoning Text and Map Amendments.
B.
The city council shall determine whether the right to submit the preliminary plat or other development application for the same PD project should be reinstated, or whether the property should be rezoned to another classification.
C.
In making such determination, the city council shall consider the following factors:
i.
Whether the PD planned development remains consistent with the comprehensive plan;
ii.
Whether the uses authorized in the PD planned development are compatible with existing and planned land uses adjacent to the site;
iii.
Whether there are extenuating circumstances justifying the failure to submit a preliminary plat or other development application during the applicable time period; and
iv.
Whether rezoning the property to another classification constitutes confiscation of a vested property right or deprives the owner of the economically viable use of the land.
2.
City council action.
Upon the above subsections occurring, the city council may take the following actions:
A.
Reinstate the right to submit the preliminary plat or other development application for the original PD project within a certain time period, subject to any conditions that may be appropriate to ensure that significant progress will be made toward development of land within the PD Planned Development District;
B.
Modify the PD Planned Development District regulations applicable to the property; or
C.
Repeal the PD Planned Development District for portions of the property and zone such property to another zoning district classification.
(F)
Decision of a zoning vested rights determination request.
(1)
Review of a zoning vested rights determination request.
The responsible official shall promptly forward the owner's vested rights request, along with any supporting information or documentation provided along with the request, to the zoning administrator and city attorney for their respective reviews.
(2)
Decision on a zoning vested rights determination request:
(a)
The zoning administrator, after consultation with the city attorney, shall issue a final administrative determination of whether a vested right exists in relation to the project, and shall identify, with particularity, all claims for vested rights that have been granted and all claims for vested rights that have been denied.
(b)
The zoning administrator shall issue a final administrative determination within 30 business days from the receipt of the responsible official.
(3)
Vesting pre-determination conference.
Prior to rendering the final determination, the zoning administrator may request a pre-determination conference with the owner to discuss the owner's vested rights claim and to ensure that the nature of the claim is fully and completely understood by the zoning administrator prior to a final determination being rendered.
(G)
Appeal to the city council of a decision on a zoning vested rights determination request.
(1)
If the property owner or any affected party believes that the zoning administrator's vested rights determination is in error, the property owner or such party shall have the right to appeal within 30 business days of such determination to the city council, which will have jurisdiction to hear and decide the appeal pursuant to this Zoning Ordinance and V.T.C.A., Local Government Code ch. 211.
(2)
The property owner may also request the board of adjustment to grant a zoning variance from the regulations at issue under the same standards governing variances for other matters, as set forth in this Zoning Ordinance and/or V.T.C.A., Local Government Code ch. 211.
(H)
Judicial review.
Should the property owner or any aggrieved person be dissatisfied with the actions of the city council, they may avail themselves of all legal remedies to review the decision as set forth in V.T.C.A., Local Government Code § 211.011.
(I)
Binding determination.
(1)
The zoning administrator's final determination, if not appealed to the city council within 30 business days, shall be immediately filed in the city's files related to the project and the determination shall be considered binding upon the city and the property owner for the duration of the project.
(2)
Similarly, any decision by the city council regarding a vested right claim shall be filed in the city's files related to the project and the determination shall be considered binding upon the city and the property owner for the duration of the project.
(3)
Notwithstanding the binding nature of the zoning administrator's final determination and any ruling by the city council, the city and the property owner may, at any time, enter into a development agreement that, to the extent authorized by law, modifies the final determination and the applicable development regulations to be applied to the project.
(J)
Action on petition and order.
The zoning administrator or city council on the petition or appeal may take any of the following actions:
(1)
Deny the relief requested in the request, and direct that the application shall be reviewed and decided under currently applicable standards;
(2)
Grant the relief requested in the request, and direct that the application be reviewed and decided in accordance with the standards contained in identified prior regulations; or
(3)
Grant the relief requested in part, and direct that certain identified current standards be applied to the application, while standards contained in identified prior regulations also shall be applied.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]
§ 6.06 Site Plan Requirements.
90-6.06.01
90-6.06.02
Approval.
(A)
Approval authorities.
(1)
City council.
Approval by the city council shall be required on all site plans submitted in accordance with this Ordinance, except site plans submitted with a building permit application (see subsection 6.06.01.(A)(1) above).
(2)
Zoning administrator.
The zoning administrator shall have approval authority on all site plans submitted at the time of building permit application (see subsection 6.06.01.(A)(2) above).
(B)
Review process.
(1)
Site plan for a rezoning.
Site plans submitted according to section 6.03 Zoning Text and Map Amendments for rezoning property shall follow the following process:
(a)
The development review committee (DRC) shall evaluate all site plans and submit findings in a report regarding the site plan's conformance to the standards of this Zoning Ordinance to the zoning administrator within 20 business days following receipt of a completed application.
(b)
Upon receipt from the DRC, the zoning administrator may either modify or accept the DRC report and shall submit a report to the planning and zoning commission.
(c)
The planning and zoning commission shall review and recommend action to the city council on the site plan forwarded by the zoning administrator.
(d)
The city council shall take action to approve, approve with conditions, or deny the site plan.
(2)
Site plan for a building permit.
The development review committee (DRC) shall review site plans at time of building permit application.
(a)
The development review committee (DRC) shall evaluate all site plans and submit findings in a report regarding the site plan's conformance to the standards of this Zoning Ordinance within 20 business days following receipt of a complete application.
(b)
The zoning administrator shall have the authority to approve or deny the site plan.
(C)
Standards for site plan review and evaluation.
The city council or the zoning administrator (as determined by subsection (A) above) shall review the site plan for compliance with all applicable city ordinances with respect to the following:
(1)
The site plan's compliance with all provisions of this Zoning Ordinance, and other applicable ordinances.
(2)
The relationship of the development to adjacent uses in terms of harmonious design, facade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts.
(3)
The provision of a safe and efficient vehicular and pedestrian circulation system, such as driveways.
(4)
The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
(5)
The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and other emergency equipment to buildings.
(6)
The coordination of streets so as to arrange a convenient system consistent with the city's adopted thoroughfare plan, as amended.
(7)
The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary.
(8)
Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties.
(9)
Protection and conservation of watercourses and areas that are subject to flooding.
(10)
The adequacy of water, drainage, sewerage facilities, solid waste disposal, and other utilities necessary for essential services to residents and occupants.
(D)
Developments approved in conjunction with a site plan.
Any individual lot or lots proposed for development that were approved in conjunction with a site plan that shall require rezoning that have not complied with the requirements of section 6.06.06. Applicant Initiated Elimination of Existing Site Plans and section 6.06.07. Expiration of Site Plans below or SUP Specific Use Permit, shall follow the requirements set out in section 6.06 Site Plan Requirements and section 6.03 Zoning Text and Map Amendments.
(E)
Conformity required for the granting of building or occupancy permits.
In order for a building permit or occupancy permit to be granted, all construction shall conform to the approved site plan, or if no site plan is required, then all other requirements of this Ordinance shall be met.
90-6.06.03
Failure to Comply.
Whenever the zoning administrator finds that any proposed construction varies substantially for properties approved in conjunction with a site plan approved by the planning and zoning commission and city council, the procedure outlined in section 6.06.04. Major Variation below shall be followed.
(A)
Major variation of a site plan.
(1)
A major variation is defined as an increase or decrease in the size of a building by 20 percent, a change in configuration of the proposal, increase in the number of curb cuts or change in direction of curb cuts, and change in point of discharge of water.
(2)
A change in the use of a building or property with said change in use being a permitted use in the applicable zoning district, does not require the site plan to be reviewed.
(B)
Minor variation of a site plan.
(1)
A minor variation may be approved by the zoning administrator or referred as outlined in section 6.06.04. Major Variation below at the discretion of the Zoning Administrator.
(2)
A minor variations include corrections of distances and dimensions, adjustments of building configuration and placement, increase in building area not to exceed 1,000 square feet, and the addition or removal of ten or fewer parking spaces.
(3)
In regards to property being developed that does not require an approved site plan by planning and zoning commission or city council, no deviation from the site plan submitted at the time of building permit application shall be allowed unless an application for amendment is made by the applicant and approved by the zoning administrator.
90-6.06.04
Major Variation.
Major variation to the site plan shall occur in the same manner as the original application.
90-6.06.05
Fees.
Refer to the adopted Zoning Ordinance Fee Schedule for fees.
90-6.06.06
Applicant Initiated Elimination of Existing Site Plans.
With the exception of SUP specific use permits and PD planned developments, applicants for site plans approved in conjunction with a rezoning request prior to the adoption of this Ordinance may apply for a public hearing as prescribed in section 6.03 Zoning Text and Map Amendments before the planning and zoning commission and city council to request elimination of said site plan.
90-6.06.07
Expiration of Site Plans.
The approval of a site plan shall be effective for a period of three years from the date of approval by the city council or city staff, at the end of which time the applicant must have submitted and received approval of a building permit or the zoning administrator must determine that the applicant has demonstrated substantial progress toward the completion of the project for which the site plan was approved.
(A)
Null and void.
If a building permit is not approved or the zoning administrator determines no substantial progress has been made, the site plan approval is null and void.
(B)
Partial expiration.
If permits have been approved only for a portion of the property and/or improvements, the site plan for the remaining property and/or improvements shall be null and void.
(C)
Submission of new a site plan.
The applicant shall be required to submit a new site plan for review and approval subject to the then existing regulations.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]
§ 6.07 PD Application and Review.
90-6.07.01
General.
(A)
PD Planned Development Zoning District establishment.
An application for a PD Planned Development Zoning District shall be made to the planning and zoning commission and city council in the same manner that an application for any zoning map amendment (rezoning) is made.
(B)
Submission of PD related plats and site plans shall occur after PD establishment.
The subsequent applications for plats and site plans within an established PD Planned Development District shall be reviewed and approved separately and independently in accordance with established procedures.
(C)
Land area requirement for PD planned developments.
A PD District requires a minimum of two contiguous acres. Acreage may be less than two acres when carrying out the recommendations of the comprehensive plan.
90-6.07.02
Planned Development (PD) Submission Requirements.
(A)
The developer of a PD shall follow a 5-step procedure.
(B)
Approvals needed before proceeding.
(1)
Each required step shall be completed and approved before the following step is reviewed.
(2)
Where appropriate, other methods authorized in the Subdivision Ordinance may be substituted in Step 3. Preliminary Plat, and Step 4. Final Plat, such as an amending plat or minor plat, etc.
(3)
The planning and zoning commission and city council may, however, review more than one step at the same public hearing.
(C)
Public hearings (rezonings and plats).
(1)
Public hearings shall be held on the zoning map amendment (rezoning) application and the planned development master plan in accordance with regular procedures for zoning applications.
(2)
Public hearings on required plats shall be held in accordance with regular procedures established in the subdivision ordinance.
90-6.07.03
Planned Development (PD) Steps for Creation and Development.
(A)
Step 1. Pre-Application Conference Review.
(1)
At least ten business days prior to submission of an application for zoning map amendment (rezoning) to a PD planned development, the applicant shall submit to the zoning administrator a sketch plan drawn to approximate scale showing streets, lots, public areas, and other significant features. The applicant shall execute an acknowledgement that the pre-application conference does not initiate a vested right.
(2)
The applicant should discuss with the zoning administrator the procedure for adopting a PD planned development and the requirements for the general layout of streets and utilities, access to arterials, or general design and narrative, the availability of existing services, and similar matters.
(3)
The zoning administrator shall also advise the applicant, where appropriate, to discuss the proposed PD planned development with those officials charged with responsibility to review the various aspects of the proposal coming within their jurisdiction.
(4)
The intent of Step 1. Pre-Application Conference Review, is to expedite and facilitate the approval of a planned development master plan.
(B)
Step 2. PD Application for Rezoning and Planned Development Master Plan.
(1)
Procedures and requirements.
(a)
The PD zoning map amendment (rezoning) application shall be filed in accordance with regular procedures and on application forms of the city.
(b)
The planned development master plan, which is submitted with the application for rezoning, shall consist of a PD design statement and a PD Concept Design Map.
(c)
The applicant shall also provide other supporting maps as necessary to meet the submission requirements of this Zoning Ordinance.
(2)
PD design statement.
The PD design statement shall be a written report submitted as a part of the planned development master plan containing a minimum of the following elements:
(a)
Title of PD;
(b)
List of the owners and/or developers;
(c)
Statement of the general location and relationship to adjoining land uses, both existing and proposed;
(d)
Description of the PD concept, including an acreage or square foot breakdown of land use areas and densities proposed, a general description proposed, a general description of building use types, proposed restrictions, and typical site layouts;
(e)
The existing PD zoning districts in the development area and surrounding it;
(f)
Selection of one conventional zoning district as a base zoning district to regulate all uses and development regulations not identified as being modified (multiple base zoning districts may be selected to accommodate a mixture of land uses in different geographic areas);
(g)
A list of all applicable special development regulations or modified regulations to the base zoning district; plus a list of requested subdivision waivers to the Subdivision Ordinance or other applicable development regulations;
(h)
A statement identifying the existing and proposed streets, including right-of-way standards and street design concepts;
(i)
The following physical characteristics: elevation, slope analysis, soil characteristics, tree cover, and drainage information;
(j)
A topographic map with minimum five-foot contour intervals;
(k)
Drainage information, including number of acres in the drainage area and delineation of applicable flood levels;
(l)
A statement of utility lines and services to be installed, including lines to be dedicated to the city and which will remain private;
(m)
The proposed densities, and the use types and sizes of structures; and
(n)
A description of the proposed sequence of development.
(3)
PD Concept Design Map.
(a)
The PD Concept Design Map shall be a graphic representation of the development plan for the area of a PD planned development.
(b)
The zoning administrator shall establish an application form outlining all requirements of the PD Concept Design Map and shall be responsible for maintaining and revising the application form.
(4)
Approval of the planned development master plan.
(a)
Upon final approval by the city council of the planned development master plan and the appropriate ordinance of rezoning, these elements shall become a part of the Official Zoning District Map.
(b)
The rezoning ordinance shall adopt the planned development master plan by reference, and it shall be attached to said ordinance and become a part of the official records of the city.
(5)
Expiration of planned development master plan.
(a)
If, after two years from the date of approval of a planned development master plan, no substantial development progress has been made within the PD, then the planned development master plan shall expire.
(b)
If a planned development master plan expires, a new planned development master plan must be submitted and approved according to the procedures within this section.
1.
An extension to the two-year expiration shall be granted if a development application for the PD has been submitted and is undergoing the development review process or if the zoning administrator determines development progress is occurring.
(6)
Use and development of the property.
(a)
The planned development master plan shall control the use and development of the property, and all building permits and development requests shall be in accordance with the plan until it is amended by the city council.
(b)
The developer shall furnish a reproducible copy of the approved PD Concept Design Map for signature by the mayor and acknowledgement by the city secretary.
(c)
The planned development master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the city secretary.
(C)
Step 3. Preliminary Plat.
(1)
If the subdivision of land is to occur, then after city council approval of the zoning map amendment (rezoning) with the associated planned development master plan, the developer shall prepare a preliminary plat for the entire development area.
(2)
Where a recorded plat exists and where there will be no extensive easements, no homeowners or property owners associations, no plat restrictions, and no sale of lots that do not conform to the platted lot lines, the city council may waive the platting requirement.
(D)
Step 4. Final Plat.
(1)
Where a subdivision plat is required, the developer shall prepare a final plat for review, approval, and filing of record according to procedures established by the city council. In addition to these procedures, the final plat shall include:
(a)
Provisions for the ownership and maintenance of common open space and detention/retention ponds. Said open space shall be dedicated to a private association or dedicated to the public provided that a dedication to the public shall not be accepted without the approval of the city council.
(b)
A homeowners and property owners association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, fire lanes, service and parking areas and recreation areas.
(2)
If no plat is required, then proof of the items identified in subsections (D)(1)(a) and (D)(1)(b) above, shall be submitted and approved as a part of the planned development master plan at the time the zoning map amendment (rezoning) is considered for approval.
90-6.07.04
Planned Development (PD) Modifications.
(A)
Minor PD amendment and adjustment.
The zoning administrator may approve or defer for city council consideration a minor PD amendment and adjustment to the planned development master plan provided all of the following conditions are satisfied:
(1)
The project boundaries are not altered.
(2)
Uses other than those specifically approved in the planned development master plan are not added. Uses may be deleted but not to the extent that the character of the project is substantially altered from the character described within the PD design statement.
(3)
The allocation of land to particular uses or the relationship of uses within the project are not substantially altered.
(4)
The density of housing is not increased more than ten percent or decreased by more than 30 percent.
(5)
The land area allocated to nonresidential uses is not increased or decreased by more than ten percent.
(6)
Floor area, if prescribed, is not increased or decreased by more than ten percent.
(7)
Floor area ratios, if prescribed, are not increased.
(8)
Open space ratios, if prescribed, are not decreased.
(B)
Zoning administrator approval.
(1)
The zoning administrator shall determine if proposed amendments to an approved planned development master plan satisfy the above criteria.
(2)
If the zoning administrator finds that these criteria are not satisfied, an amended planned development master plan shall be submitted for full review and approval according to the procedures set forth in these regulations.
90-6.07.05
Reversion.
(A)
Property owner request.
(1)
If the property owner decides to abandon the PD concept and nullify the planned development master plan, he shall make application for rezoning either to the original status or to a new classification.
(2)
Said application shall be heard according to regular rezoning procedures utilized by the planning and zoning commission and city council.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]
§ 6.08 Specific Use Permit (SUP).
90-6.08.01
Specific Use Permit Regulations and Procedures.
(A)
Procedures for processing a specific use permit.
(1)
The zoning administrator shall initiate review of the SUP and may request written comments from the development review committee (DRC), if deemed necessary.
(2)
Planning and zoning commission shall review and recommend approval, approval with conditions, or denial of the SUP to the city council.
(3)
After receiving recommendation from planning and zoning commission, city council shall approve, approve with conditions, or deny the SUP. Although the approval of the SUP does not change the zoning classification.
(4)
Both planning and zoning commission and city council shall provide the required public hearing and notice in accordance with section 6.03.02. Public Hearings and Notification Requirements for Zoning Related Applications.
(B)
Compatibility considerations.
(1)
The city council and the planning and zoning commission in considering any request for specific use permit shall only approve such request after they have determined that the use or uses allowed will not be detrimental to the adjacent properties or to the city as a whole.
(2)
The zoning administrator, city council and the planning and zoning commission may require from the applicant any plans, information, operational data, and expert evaluation concerning the location, function, and characteristics of the proposed use or buildings.
(3)
The city council when granting a specific use permit, and the planning and zoning commission when making a recommendation concerning a specific use permit, shall establish conditions and regulations, in addition to those of the base zoning district, necessary to protect the health, safety, morals, and general welfare of the neighborhood and/or the city. In addition, the use shall be in general conformance with the comprehensive plan and general objectives of the city. These conditions may include but are not limited to:
(a)
Paving of streets, alleys and sidewalks;
(b)
Means of ingress and egress to public streets;
(c)
Provisions for drainage;
(d)
Adequate off-street parking;
(e)
Protective screening, landscaping, and open space;
(f)
Area or security lighting;
(g)
The locations and heights of structures;
(h)
Architectural compatibility of buildings;
(i)
Intensity of the use; and
(j)
Adequate traffic circulation required to contain all stacking activity on the site.
(C)
Imposed conditions for approval.
(1)
In granting a specific use permit, the city council may impose conditions that shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building official for use of the building or property.
(2)
Any special conditions shall be set forth in writing in the ordinance granting the SUP.
(D)
Compliance mandatory with written requirements.
No specific use permit shall be granted unless the applicant, owner and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the specific use permit, as attached to the site plan drawing(s) and approved by the planning and zoning commission and city council.
(E)
Specific use permit expiration and extension.
(F)
Enlargement, modification or structural alternation.
(1)
A building, premises, or land used under a specific use permit may be enlarged, modified, structurally altered, or otherwise changed provided the changes do not:
(a)
Increase the height of structures, including antenna support structures;
(b)
Increase building square footage from its size at the time the original specific use permit was granted by greater than ten percent;
(c)
Reduce the distance between a building or noise-generating activity on the property and an adjacent, off-site residential use. This provision shall not apply should the property and the residential use be separated by a major thoroughfare depicted on the city's thoroughfare plan; or
(d)
Reduce the amount of open space as indicated on the previously approved zoning exhibit.
(2)
All other enlargements, modifications, structural alterations, or changes shall require the approval of a new specific use permit. Antennas may be placed on antenna support structure that is already permitted by an existing specific use permit without approval of a separate specific use permit subject to approval of a final plat and site plan for the property if appropriate.
(3)
An SUP can only be used by the specific use for which it is granted. (For example, a use that obtained an SUP cannot convert to another use that requires an SUP without approval.)
(G)
Board of adjustment exclusion.
The board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any specific use permit.
(H)
Attached only to property
Specific use permits are attached to the property, not to the owner, the business, or the subtenant.
(I)
Amend, change, or rescind a specific use permit.
Upon holding a properly noticed public hearing, the city council may amend, change, or rescind a specific use permit after recommendation by the planning and zoning commission if:
(1)
The building, premises, or land uses under a specific use permit is enlarged, modified, structurally altered, or otherwise significantly changed without approval of a separate specific use permit for such enlargement, modification, structural alteration or change;
(2)
Violation of any provision of the terms or conditions of a specific use permit;
(3)
Ad valorem taxes on the property are delinquent by more than six months; or
(4)
The specific use permit was obtained by fraud or with deception.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014; Ord. No. 1462-22 adopted 10/24/2022]
§ 6.09 Amortization of Nonconforming Uses.
(A)
City council initiation of amortization case.
Only the city council, by majority vote, may request that the board of adjustment consider establishing a compliance date for a nonconforming use.
(B)
Board of adjustment decision of amortization case.
(1)
Per the authorization of city council, the board of adjustment may require the discontinuance of a nonconforming use under any plan whereby the full value of the use's structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the zoning regulations.
(2)
All actions to discontinue a nonconforming use shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the nonconforming use and the conservation and preservation of property.
(C)
Public hearing process.
Upon receiving a request from the city council, staff shall schedule the first public hearing before the board. The board may establish a compliance date only after holding two separate public hearings.
(1)
First public hearing.
The board shall hold a public hearing to determine whether continued operation of the nonconforming use will have a significant adverse effect on nearby properties. If, based on the evidence presented at the public hearing, the board determines that continued operation of the nonconforming use will have a significant adverse effect on nearby properties, it shall schedule a second public hearing to establish a compliance date for the nonconforming use; otherwise, it shall not. In determining whether the continued operation will have a significant adverse effect on nearby properties, the board shall consider the following factors:
(a)
The character of the surrounding neighborhood.
(b)
The degree of incompatibility of the use with the zoning district in which it is located.
(c)
The manner in which the use is being conducted.
(d)
The hours of operation of the use.
(e)
The extent to which continued operation of the use may threaten public health or safety.
(f)
The environmental impacts of the use's operation, including but not limited to the impacts of noise, glare, dust, and odor.
(g)
The extent to which public disturbances and nuisances may be created or perpetuated by continued operation of the use.
(h)
The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use.
(i)
Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties.
(j)
To the extent the nonconforming use impacts the value and marketability of the abutting and surrounding properties or neighborhood.
(2)
Second public hearing.
(a)
If the board has determined in the first public hearing that the nonconforming use has an unacceptable adverse effect on nearby properties, it shall hold a second public hearing to set a date for compliance. The board shall, in accordance with the law, provide a compliance date for the nonconforming use under a plan whereby the owner's actual investment in the use before the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the board in determining a reasonable amortization period:
1.
The owner's capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became nonconforming.
2.
Any costs that are directly attributable to the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages.
3.
Any return on investment since inception of the use, including net income and depreciation.
4.
The anticipated annual recovery of investment, including net income and depreciation.
5.
A reasonable closeout and termination period for the nonconforming use.
(b)
If the board, at the first public hearing, requests financial documentation and/or records from the owner relating to the factors listed directly above, the owner shall provide said documents and/or records at least 30 days before the second public hearing. If the owner does not provide said documentation, the board is authorized to make its determination of a compliance date based upon any reasonably available public records as well as public testimony at the hearing. Failure by owner to provide the requested financial documents and records shall not prevent the board from setting a compliance date.
(D)
Ceasing operations.
If the board establishes a compliance date for a nonconforming use, the use must cease operations on that date and it may not operate thereafter unless it becomes a conforming use.
(E)
Definitions.
For purposes of this subsection, "owner" means the owner of the nonconforming use at the time of the board's determination of a compliance date for the nonconforming use.
(F)
Finality of decisions.
(1)
Decisions that cannot be immediately appealed.
A decision by the board that the continued operation of a nonconforming use will have a significant adverse effect on neighboring property and the board's decision to schedule a second public hearing to establish a compliance date are not final decisions and cannot be immediately appealed.
(2)
Decision to deny a request to establish a compliance date.
A decision by the board to deny a request to establish a compliance date is final unless appealed to state court within ten calendar days in accordance with V.T.C.A., Local Government Code ch. 211.
(3)
Decision setting a compliance date.
A decision by the board setting a compliance date is final unless appealed to state court within ten calendar days in accordance with V.T.C.A., Local Government Code ch. 211.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]
§ 6.10 Reinstatement of Nonconforming Rights.
(A)
Loss of nonconforming rights status.
If the zoning administrator determines that a nonconforming use has been discontinued under subsection 1.06.04.(B) Reinstatement of Nonconforming Use Rights, and has lost its nonconforming rights, the use shall not be instituted on that parcel or other parcel in any district that does not permit the discontinued use.
(B)
Notice to owner and/or operator required.
Notice of this determination shall be made in writing to the owner and/or operator of the discontinued use.
(C)
Application for nonconforming rights reinstatement.
(1)
The owner and/or operator of the abandoned nonconforming use may submit a written application to the board to have the nonconforming rights reinstated.
(2)
Written application for reinstatement of nonconforming rights must be made within ten business days after the zoning administrator issues the written notice of determination that a use has been permanently abandoned.
(D)
Board decision.
The board may reinstate nonconforming rights only if the board finds there was a clear intent not to abandon the use even though the use was discontinued for six months or more. The failure of the owner and/or operator to remove on-premises signs shall not be considered (on its own) evidence of a clear intent not to abandon the use.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]
§ 6.11 Appeals and the Appeal Process.
90-6.11.01
Appeal of an Administrative Decision.
(A)
The board of adjustment may hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Ordinance or V.T.C.A., Local Government Code § 211.007, as it exists or may be amended.
(B)
In exercising the board's authority herein, the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.
90-6.11.02
Appeal of a Building Permit Site Plan Decision.
Any person aggrieved by the decision of the zoning administrator on a site plan for a building permit may appeal to the planning and zoning commission and city council.
(A)
Notice of appeal.
Notice of such appeal shall be given within 30 business days after the decision of the planning and community development department, and the department shall cause the appeal to be set for hearing before the planning and zoning commission and city council.
(B)
Planning and zoning commission recommendation on appeal.
The planning and zoning commission shall make a recommendation to the city council on the site plan.
(C)
City council decision on appeal.
The city council shall take action to approve, approve with conditions, or deny the site plan.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014]
§ 6.12 Zoning Variance.
90-6.12.01
Purpose and Applicability.
(A)
Cases for which a zoning variance may be granted.
The zoning board of adjustment may authorize a variance from the development regulations in this Zoning Ordinance such as the height (including number of stories), yard (including setbacks), lot area, lot coverage, structures (including size, density and location), parking requirements, performance standards and other development regulations contained herein.
(B)
Variance criteria.
No zoning variance shall be granted without first having given public notice and having held a public hearing on the zoning variance request in accordance with section 6.03.02. Public Hearings and Notification Requirements for Zoning Related Applications, and unless the board of adjustment finds all the following criteria are met:
(1)
Unique circumstances.
That there are special circumstances or conditions affecting the land involved such that the application of the Zoning Ordinance's provisions would deprive the applicant of the reasonable use of his/her land.
(2)
Minimum necessary relief required to alleviate the undue hardship.
The zoning variance, if granted, would be the minimum necessary relief required to alleviate the undue hardship.
(3)
Preservation of property rights.
That the zoning variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.
(4)
No substantial detriment to the public good.
That the granting of the zoning variance will not be detrimental to the public health, safety or welfare, impair the purposes and intent of this Zoning Ordinance and the comprehensive plan or be injurious to other property within the area.
(5)
Orderly use of land.
That the granting of the zoning variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this Zoning Ordinance.
(6)
Precedent.
The granting of an individual zoning variance will not set a precedent.
(7)
Finding of undue hardship.
In order to grant a zoning variance, the board of adjustment must make findings that an undue hardship exists, using the following criteria:
(a)
That literal enforcement of the controls will create an undue hardship or practical difficulty in the development of the affected property; and
(b)
That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district; and
(c)
That the relief sought will not injure the permitted use of adjacent conforming property; and
(d)
That the granting of a zoning variance will be in harmony with the spirit and purpose of these regulations.
(e)
Financial hardship alone is not an "undue hardship" if the property can be used, meeting the requirements of the zoning district in which the property is located.
(C)
Variance limitations.
(1)
Completed action required before a variance.
An application or request for a variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which a site plan, preliminary plat, or final plat, when required by the Zoning Ordinance or the subdivision ordinance for any parcel of property or portion thereof, has not been finally acted upon by both the planning and zoning commission and, where required, by the city council.
(2)
Exhausted all other options.
The administrative procedures and requirements of the Zoning Ordinance, and any amendments thereto, with regard to both the planning and zoning commission and city council consideration and action on site plans, preliminary plats, and final plats, must be exhausted prior to requesting a variance.
(D)
Public hearing required.
(1)
The board of adjustment shall hold a public hearing for each variance applicant and shall provide the notice and public hearing required by this Ordinance.
(2)
At the public hearing, the board of adjustment shall consider public comments, the zoning administrator's recommendation, and other applicable information and shall approve, approve with conditions, or deny the variance application.
(E)
Concurring vote of 75 percent required.
Pursuant to V.T.C.A., Local Government Code § 211.009(c), the concurring vote of 75 percent of the members of the board of adjustment is necessary to grant a zoning variance.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014; Ord. No. 1296-15, § 2(Exh. A), 8-18-2015]
§ 6.13 Zoning Special Exception.
90-6.13.01
Purpose and Applicability.
(A)
Purpose.
The board of adjustment is authorized to hear and decide a special exception to the Zoning Ordinance that are not permitted by right in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the board of adjustment, where specifically authorized by subsection (D) below, and in accordance with the substantive and procedural standards of the Zoning Ordinance.
(B)
Zoning special exception defined.
A special exception is an allowed variation from the Zoning Ordinance, but is differentiated from a variance as the term is used in this Zoning Ordinance by the following:
(D)
Zoning special exception authorized.
When in the board of adjustment judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the board of adjustment may, in specific cases, after public notice and public hearing and subject to appropriate conditions and safeguards, authorize the following special exceptions to the regulations herein established:
(1)
Parking:
(a)
A reduction in the number of on-site parking spaces may be granted in the nonresidential districts and for all nonresidential uses located in residential districts. Documentation justifying the reduction must be presented.
(b)
Parking spaces may be located off-site and counted toward the parking requirements if the following requirements are met:
1.
Parking spaces are within 300 feet, measured by a straight line from the nearest point of the land on which the use served is located to the nearest point of the separated off-site parking space;
2.
A safe and accessible pedestrian connection from the parking area to the use is available; and
3.
A written agreement shall be drawn to the satisfaction of the city attorney and executed by all parties concerned assuring the continued availability of the off-site parking facilities for the use they are intended to serve.
(2)
The board may issue a special exception to grant nonconforming status for a structure that did not conform to this Ordinance when it was constructed or established, if the board finds:
(a)
The nonconformity was clearly and specifically shown in plans and specifications duly submitted to obtain a city permit;
(b)
Before the work was done, neither the owner, the designer, the surveyor, the contractor nor any other person assisting with the work knew about the nonconformity;
(c)
The nonconformity was clearly covered by the city permit (the same permit for which the plans and specifications were submitted), and the permit was otherwise regularly issued;
(d)
After learning of the nonconformity, the owner promptly conferred with the administrative official and voluntarily halted any further nonconforming work;
(e)
The item will cause no health or safety hazard and no significant impact upon another person or property; and
(f)
The item can be brought into conformity with this Ordinance within the time period specified in the special exception, at a modest or reasonable cost.
1.
Exception: Bringing the item into conformity need not be required if the board finds that the impact of the item on other persons or properties is either nil or extremely small.
(3)
The board may issue a special exception to buildings or structures that in whole or part are not in conformance with the current zoning standards, but were legally established at a prior date at which they were in conformance with applicable standards that are now requesting to further the nonconformity by way of expansion.
(a)
Furthering the nonconformity may include but is not limited to encroaching into any existing setbacks or exceeding or further exceeding the minimum lot coverage requirement in attempt to expand a nonconforming structure.
(b)
At no time may the board grant this special exception where the requested encroachment into existing setback exceeds the encroachment present at the time the nonconformity was established. Any setback not encroached upon may not be encroached by way of this special exception.
(c)
At no time may the board grant this special exception where the requested building height exceeds the building height present at the time the nonconformity was established. A building height in conformance with current zoning standards may not be increased by way of this special exception.
(d)
A special exception may be issued for a building expansion where the current building size is below the required square footage and the requested expansion will not bring the building size into conformance.
(E)
The board of adjustment may impose conditions.
In granting special exceptions under this section, the board of adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the provisions of this Ordinance.
(F)
Concurring vote of 75 percent required.
Pursuant to V.T.C.A., Local Government Code § 211.009(c), the concurring vote of 75 percent of the members of the board of adjustment is necessary to grant a special exception.
[Ord. No. 1273-14, § 1(Exh. A), 5-6-2014; Ord. No. 1296-15, § 2(Exh. A), 8-18-2015; ; Ord. No. 1505-24 adopted 7/8/2024]