(a)

If any building or structure is constructed or altered, or if any premises are used in violation of the provisions of chapter 107 or any permit, the building official is authorized and directed to institute any appropriate action to put an end to such violation.

(b)

Any person, firm, or corporation who violates any of the provisions of this chapter or any permit, or fails to comply therewith, or who shall violate or fail to comply with any order or regulation made hereunder, or who shall build any project or facility in violation of any detailed statement of specification or plans submitted and approved hereunder, or any certificate or permit issued hereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed $2,000.00 or the appropriate legal maximum as determined by statute. Each and every day that such violation and/or noncompliance shall exist shall be deemed a separate offense. In case any person, firm, or corporation violates any of the provisions of this chapter or any permit or fails to comply therewith, the city, in addition to imposing the penalties above provided may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business, or use in or about any land, and the definition of any violation of the terms of this chapter or any permit as a misdemeanor, shall not preclude the city from invoking the civil remedies given it by law in such cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation.

(c)

The owner or owners of any land, building or structure, or part thereof, where anything in violation of this chapter or any permit shall be placed or shall exist, and any person employed in connection therewith and who assists in the commission of such violation, shall be guilty of a misdemeanor and shall be liable to a fine not to exceed $2,000.00.

(d)

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

(Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

The city has created a planning and zoning commission consisting of seven members who are residents of the city.

(b)

Members of the commission will be appointed by the city council and will be appointed to staggered terms. Members of the city council or board of adjustment are not eligible for appointment to the commission.

(Code 1987, ch. 11, subch. G, art. XIII, § 1; Code 1995, § 14.02.751)

(a)

The chairperson of the commission shall be elected by majority vote of the members of the commission.

(b)

The chairperson and secretary shall serve a term of one year, commencing on January 1 and ending December 31 of the following year, except that upon expiration of his term the chairperson shall continue to serve until his successor is elected.

(Code 1987, ch. 11, subch. G, art. XIII, § 2; Code 1995, § 14.02.752)

(a)

Each member of the commission shall serve a two-year term, commencing on January 1 and ending December 31 of the following year, except that upon expiration of their terms, members of the commission shall continue to serve until their successors are appointed and qualified.

(b)

Commission members serving upon the effective date of this division shall continue to serve, and this division shall be deemed to carry forward and continue the terms of office of such members.

(Code 1987, ch. 11, subch. G, art. XIII, § 3; Code 1995, § 14.02.753)

Any vacancy on the commission shall be filled by the city council for the unexpired term of the member whose position becomes vacant.

(Code 1987, ch. 11, subch. G, art. XIII, § 4; Code 1995, § 14.02.754)

(a)

Meetings of the commission shall be held at the call of the chairperson or upon petition of a majority of the members of the commission.

(b)

Four members of the commission shall constitute a quorum.

(c)

Meetings of the commission shall comply with the provisions of the state open meetings act, V.T.C.A., Government Code ch. 551, including posting notices and agendas so as to adequately inform the public of the time, location and substance of business to be undertaken. Meetings closed to the public or executive sessions are normally not appropriate for the commission and will not be conducted without the advice and consent of the city attorney.

(d)

When the commission considers an application relative to a permit, site plan, subdivision, or amendments to this division, including, but not limited to, amendments proposing to change district boundaries or district rules or regulations, the commission's hearings on such applications or amendments may be held jointly with the city council, provided notice of such hearings is published as required by law. Nothing herein shall authorize the city council to take action on such applications or proposed amendments until at least five days after the council has received a final report on same from the commission.

(e)

Minutes and records shall be kept of all proceedings by the secretary, who shall forward all records of meetings to the city secretary for distribution to the city council.

(Code 1987, ch. 11, subch. G, art. XIII, § 5; Code 1995, § 14.02.755)

The commission shall advise the city council on planning-related matters, and conduct hearings, make recommendations, and perform such other duties required by law or this division or as may be assigned to the commission from time to time by the city council.

(Code 1987, ch. 11, subch. G, art. XIII, § 6; Code 1995, § 14.02.756)

(a)

A regular or alternate member of the commission may be removed from office by the city council for just cause and upon written charges.

(b)

Upon request of the person against whom removal proceedings are pending, a public hearing shall be conducted to determine the merits of the written charges submitted.

(Code 1987, ch. 11, subch. G, art. XIII, § 7; Code 1995, § 14.02.757)

(a)

The city has created a board of adjustment consisting of five members who are residents of the city.

(b)

Members of the board shall be appointed by the mayor, subject to confirmation by the city council. Members of the city council and planning and zoning commission are not eligible for appointment to the board.

(c)

The mayor also shall appoint, subject to confirmation by the city council, four alternate members of the board who shall be residents of the city, but who shall not be members of the city council or planning and zoning commission. Alternate members shall, upon request by the chairperson of the board, serve on the board in the absence of one or more regular members, so that all cases heard by the board will always be heard by at least four members of the board, and not more than five members of the board, regular or alternate.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022)

(a)

Each member and alternate member of the board shall serve a two-year term, commencing on January 1 and ending on December 31 of the following year. The terms of board members shall be staggered.

(b)

Regular and alternate board members serving upon the effective date of this division shall continue to serve, and this division shall be deemed to carry forward and continue the terms of office of such members.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022)

(a)

A regular or alternate member of the board may be removed from office by the city council for just cause and upon written charges being presented to the member.

(b)

Upon request of the person against whom removal proceedings are pending, a public hearing shall be conducted to determine the merits of the written charges submitted.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022)

Any vacancy on the board shall be filled by appointment by the mayor and confirmation by the city council for the unexpired term of the regular or alternate member whose position becomes vacant.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022)

(a)

The chairperson of the board shall be elected by majority vote of the members of the board.

(b)

The chairperson shall serve a term of one year, commencing on January 1 and ending on December 31, except that upon expiration of his term the chairperson shall continue to serve until his successor is elected.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022)

(a)

Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine.

(b)

Meetings of the board shall comply with the provisions of the state open meetings act, V.T.C.A., Government Code ch. 551, including posting notices and agendas so as to adequately inform the public of the time, location and substance of business to be undertaken. Meetings closed to the public or executive sessions are normally not appropriate for the board and will not be conducted without the advice and consent of the city attorney.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022)

(a)

The board shall adopt rules necessary to the conduct of its affairs and shall furnish a copy of such rules to the building official. Rules adopted by the board shall be consistent with the provisions of this division.

(b)

All orders and other enactments adopted by the board shall be in accordance with its rules and regulations.

(c)

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 such fact, and shall keep records of its examinations and other official actions, all of which shall be promptly filed in the office of the board and shall be a public record. The office of the board shall be the office of the city administrator where such records shall repose.

(d)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building official or to decide in favor of the applicant on any matter upon which the board is required to pass under this chapter.

(e)

A person who gives evidence and/or testifies before the board of adjustment in any proceeding or meeting held by the board, shall be properly and duly sworn in and placed under oath by the presiding officer prior to presenting any testimony or evidence before the board in accordance with Texas Local Government Code Sec. 211.008(e).

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022; Ord. No. 2023-07-19-16, § 3, 7-19-2023)

The board shall, pursuant to the provisions provided for herein, have the power to:

(1)

Hear and decide an appeal where it is alleged that there is an error in any order, requirement, decision or determination made by the building official in the enforcement of this chapter;

(2)

Hear and decide special exceptions as authorized in this chapter;

(3)

Authorize a variance to the regulations as provided for in this chapter; and

(4)

Determine, in cases of uncertainty, the classification of any use not specifically named in this chapter.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022)

(a)

The board of adjustment may, in a specific case, where the board of adjustment makes the findings required under subsection (c) herein, grant the following special exceptions from the requirements of this division:

(1)

Permit the reconstruction of a nonconforming building or structure that has been damaged by fire or other cause;

(2)

Permit the enlargement or extension of a nonconforming use or nonconforming building upon the lot occupied by such use or building at the time of the passage of this division;

(3)

In undeveloped sections of the city, grant temporary and conditional permits for not more than two years, provided that the grant of a temporary or conditional permit shall not be reason or cause for extension of such permit;

(4)

Permit such modifications of yard, open space, lot area, or lot width regulations as may be necessary to improve a parcel of land, if the parcel is of such restricted size that it cannot be appropriately improved without such modification; or

(5)

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

(6)

Permit a reduction or modification in the 75-foot setback requirements of section 107-108(a) and/or the 75-foot greenbelt requirements of section 107-109(a), provided that:

a.

In addition to the notice and hearing required under subsection 107-494(a), the board of adjustment shall conduct a public hearing on the application to consider public comment and any alternative to the proposed application. The public hearing required by this subsection shall be held no less than 30 days prior to the date of any hearing at which the board of adjustment will consider action on the application. Upon the decision of the board of adjustment or upon request of the applicant, the board of adjustment may recess such public hearing, from time to time, to consider any alternative proposal. In the event the applicant requests the board of adjustment to consider an alternative proposal, notice of the alternative proposal shall be given in the manner required by subsection 107-491(a), and the hearing on the alternative proposal shall be set no less than 30-days prior to the date notice is given; and

b.

The board of adjustment finds all of the following:

1.

The lot to be developed has no existing 75-foot greenbelt or the existing greenbelt is less than the required 75-feet;

2.

The proposed alternative, as compared to the existing development, mitigates the impact of the existing development upon adjacent residential properties and/or improves to the greatest extent practicable the buffering of the adjacent residential properties, and preserves or enhances existing landscaping to the greatest reasonable extent;

3.

The proposed alternative, as compared to the existing development, is consistent with and promotes the recommendations and policies within the city's comprehensive plan;

4.

The proposed alternative enhances the site, as compared to the existing development, without detriment to the adjacent residential properties, and therefore, the overall environment of the city; and

5.

The proposed alternative if granted will not have a detrimental impact on any adjacent properties.

(b)

The board of adjustment may grant such other special exceptions as may be provided for elsewhere in this division, subject to the terms and conditions therein set out.

(c)

Prior to granting a special exception, the board shall make a finding that it is empowered under this chapter to grant the special exception, that the public convenience and welfare will not be substantially or permanently injured in the granting of the special exception, and that the grant of the special exception will not adversely affect the public health, convenience, safety or general welfare.

(d)

In granting a special exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this division.

(e)

The board of adjustment shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to comply with the time limits set by the board shall void the special exception.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022; Ord. No. 2024-06-12-07, § 2(Exh. A), 6-12-2024)

(a)

The board may authorize upon appeal, in specific cases, such variances from the terms of this chapter, where the board finds that the variance 1) will not be contrary to the public interest, 2) where, owing to special conditions, literal enforcement of the provisions of this chapter will result in unnecessary hardship, and 3) the spirit of this chapter will be observed and substantial justice done.

(b)

Prior to granting a variance in a zoning district other than a residential district, the board must find, in concert with the findings required in subsection (a), that:

(1)

The variance is the minimum variance necessary to alleviate the unnecessary hardship;

(2)

Granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to adjoining properties or the neighborhood, or be otherwise detrimental to the public welfare;

(3)

The special conditions with respect to which a variance is sought are not the result of an action of the applicant;

(4)

If applicable, there is sufficient water and wastewater capacity and fire service available to serve the applicant's land as developed under the variance without detriment to the other property within the city; and

(5)

Granting the variance will not merely serve as a convenience to the applicant but will alleviate some demonstrable and unnecessary hardship which is created by the literal enforcement of the provisions of this chapter.

(c)

Prior to granting a variance in a residential district, in concert with the findings required in subsection (a), the board must find that:

(1)

A special individual reason makes the literal enforcement of this chapter result in an unnecessary hardship;

(2)

Granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to adjoining properties or the neighborhood, or be otherwise detrimental to the public welfare;

(3)

The granting of the variance will not be detrimental to the public health, safety, or welfare or injurious to the property in the area;

(4)

There are special circumstances or conditions such as topography, natural obstructions, aesthetic or environmental considerations affecting the land involved such that the strict application of the provisions of this chapter would impose an unnecessary hardship which is created by the literal enforcement of the provisions of this chapter;

(5)

The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with the provisions of this chapter;

(6)

If applicable, there is sufficient water and wastewater capacity and fire service available to serve the applicant's land as developed under the variance without detriment to the other property within the city; and

(7)

The circumstances or conditions from which relief is sought are not solely of an economic nature.

(d)

In granting a variance, the board may prescribe appropriate conditions and safeguards in conformity with this chapter.

(e)

In considering a variance as applied to a structure, the board may, in addition to other relevant considerations, consider the following as grounds to determine whether an unnecessary hardship would result from compliance with the ordinance:

(1)

The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under V.T.C.A., Tax Code, § 26.01;

(2)

Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur;

(3)

Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;

(4)

Compliance would result in the unreasonable encroachment on an adjacent property or easement; or

(5)

The municipality considers the structure to be a nonconforming structure.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022)

(a)

Any of the following persons may appeal to the board of adjustment a decision made by an administrative official that is not related to a specific application, address, or project:

(1)

A person aggrieved by the decision; or

(2)

Any officer, department, board, or bureau of the municipality affected by the decision.

(b)

Any of the following persons may appeal to the board of adjustment a decision made by an administrative official that is related to a specific application, address, or project:

(1)

A person who:

a.

Filed the application that is the subject of the decision;

b.

Is the owner or representative of the owner of the property that is the subject of the decision; or

c.

Is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or

(2)

Any officer, department, board, or bureau of the municipality affected by the decision.

(c)

The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed not later than the 20th day after the date the decision is made. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed. The appeal must be accompanied by payment of a filing fee in the amount established by the city council and set forth in the fee schedule on file with the city.

(d)

An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property.

(e)

The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing as provided in this division and, in addition, give due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal at the next meeting for which notice can be provided following the hearing and not later than the 60th day after the date the appeal is filed.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022)

(a)

The board shall fix a date and time to conduct a hearing on each appeal, request for a variance, application for a special exception filed with it, or other action authorized under this chapter and shall mail notices of such hearing at least 30 days before the hearing.

(b)

The notice must be mailed to the following persons at the address shown on the current tax rolls of the city and deposit of the notices in the U.S. mail will be deemed compliance with this requirement:

(1)

The petitioner;

(2)

The owners of the property located within 250 feet of any point of the lot, or portion thereof, with respect to which the appeal, request for a variance or application for special exception is taken;

(3)

If the appeal, request for a variance or application for a special exception relates to a lot that is not in a residential district, all owners of property located within the city shown on the current tax rolls of the city.

(c)

In addition to the mailed notification, a variance or special exception sign shall be placed adjacent to each public street or right-of-way, abutting the subject property, or if the property does not front a public street or right-of-way, to the closest public street or right-of-way, located in the middle of the frontage, and within three feet of the curb or the pavement, or as prescribed by the city administrator at the time of application. One sign shall be required for the first 100 feet of frontage of the tract, and, thereafter, one additional sign for every 200 feet of frontage, or fraction thereof, except that no more than three signs shall be required on each roadway frontage. If the tract has less than 200 feet of frontage per roadway, then only one sign is required per road. All signs shall be clearly visible to the public from the adjacent public streets. The applicant shall post the sign(s) at least 15 days prior to the ZBA meeting and maintain said sign(s) in good condition and in place until final action. If the sign(s) is not posted 15 days prior to the ZBA meeting, the applicant's case shall be withdrawn and rescheduled. If a sign(s) is removed from the property or damaged, the applicant shall be responsible for purchasing a replacement sign(s) and installing it immediately. The sign(s) shall be furnished by the city and a fee shall be charged the applicant per the city fee schedule. The sign shall include the name of the applicant, the variance or special exception being requested, and the date, time, and location of the public hearing.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022)

With the exception of a decision on an appeal based on an error, which decision shall be determined as provided for in section 107-493, the board shall make a decision within 45 days of the hearing related to said decision.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022)

(a)

No appeal, request for a variance nor application for a special exception or other previous application, may be filed by the same applicant within 180 days of the date upon which the board denied such appeal, request or application, unless other property in the immediate vicinity has, within the 180-day period, been changed or acted on by the board or city council so as to alter the facts and conditions upon which the previous board action was based. Such change of circumstances shall permit the rehearing of an appeal, request or application by the board prior to the expiration of the 180-day period, but such conditions shall in no way have any force in law to compel the board to reconsider the appeal, request or application. Such subsequent rehearing shall be considered entirely on its merits and the peculiar and specific conditions related to the property with reference to which such proceeding is brought.

(b)

Any appeal, request or application approved by the board, either under the provisions of this division or under the authority granted to the board under the statutes of the state, shall authorize the issuance of a building permit or a certificate of occupancy, as the case may be, for a period of 90 days from the date of the favorable action on the part of the board, unless the board in its minutes shall, at the same time, approve a longer period. If an application for such building permit or certificate of occupant is not filed within the 90-day period or such extended period as the board may specifically approve, then the approval of the appeal, variance or special exception shall be deemed waived and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal, request or application to the board in accordance with the rules and regulations herein contained.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022)

(a)

Any of the following persons may present to a district court, county court, or county court at law a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality:

(1)

A person aggrieved by a decision of the board;

(2)

A taxpayer; or

(3)

An officer, department, board, or bureau of the municipality.

(b)

The petition must be presented within ten days after the date the decision is filed in the board's office.

(Ord. No. 2022-01-19-03, § 2(Exh. A), 1-19-2022)

The city council or commission may, from time to time, on its own motion, initiate (without payment of application or petition fee) amendments, supplements, changes, or modifications to the city's zoning regulations, boundaries or classifications. Any such proposed change will be subject to the hearings and procedures prescribed by this division.

(Code 1987, ch. 11, subch. G, art. XVII, § 1; Code 1995, § 14.02.981)

(a)

Any property owner (or such property owner's authorized agent) applying to or petitioning the city for a change in zoning boundaries or classifications applicable to such applicant's property shall do so upon forms provided by the city. All petitions or applications for changes in zoning boundaries or classifications shall be filed with the city together with all applicable fees.

(b)

Each such petition or application shall:

(1)

Contain the petitioner's/applicant's name, address and interest in the petition/application; and

(2)

Include a survey prepared by a registered surveyor in the state and a properly recorded subdivision plat which accurately shows the location and boundaries of the property for which the change is requested, the current zoning classification of the property, and the names and addresses of all owners of property lying within 200 feet of the subject property (as reflected on the current city tax roll).

(c)

The commission may make nonmandatory requests for supplemental information from the applicant or petitioner with regard to a zoning change request including, but not limited to, a preliminary plat plan of the anticipated use and improvement of the property.

(d)

A zoning change application includes a properly recorded subdivision plat of the applicable property which is the subject of such application. In lieu thereof, a property owner may simultaneously process a subdivision application to properly subdivide the property provided that the zoning change will not be approved until a subdivision plat of the property has been approved. A city council or commission initiated change does not require that the property be subject to a properly recorded subdivision plat nor does it require a survey of such property.

(Code 1987, ch. 11, subch. G, art. XVII, § 2; Code 1995, § 14.02.982)

(a)

The commission will hold a public hearing on all proposed changes to zoning regulations and classifications.

(b)

Notice requirements.

(1)

Not less than 16 days prior to the city council public hearing, notice of the date, time and location thereof will be published in the official newspaper of the city or in a newspaper of general circulation in the city.

(2)

In the case of a proposed change in zoning classification, written notice of a public hearing will be mailed, not less than 20 days prior to each required public hearing of the planning and zoning commission and city council, to all owners of property (as such ownership is shown on the current city tax roll) lying within 250 feet of the property that is the subject of the proposed zoning classification change. If the application for a change in zoning classification requests a change to a zoning district other than a residential district, the notice must be mailed, not less than 20 days prior to the hearing, to all owners of property (as such ownership is shown on the current city tax roll) within the city. The notice may be served by depositing it in the U.S. mail with the proper address and postage.

(3)

Such notice shall state the purpose, date, time, and place of the hearing, together with a brief description of the proposed development, including its nature, scope, and location. The notice shall also describe any variances the applicant has requested and state the location and times at which the zoning classification change application and supporting documents are available for public inspection. The time and place of the public hearing to be held before the city council shall also be included if known at the time the notice is given and, if it is not known at such time, a telephone number shall be provided where information on the hearing before the city council will be available at a later date.

(c)

Public hearing required. Whenever a public hearing is required, the city administrator or his/her designee shall establish the date, time and place of the public hearing and shall cause any notice required to be prepared and made accordingly.

(d)

Joint public hearing. The city council may, at its discretion at a properly noticed public meeting, determine that a public hearing shall be held before both the planning and zoning commission and the city council. If such a determination is made, the planning and zoning commission and the city council may conduct a joint public hearing and take action on the application in the following manner:

(1)

The city council on its own motion shall establish the date of the joint public hearing.

(2)

The city council shall cause notice of the joint public hearing to be provided as required.

(3)

The planning and zoning commission and the city council shall be convened for the hearing and for any action to be taken on the petition or application.

(4)

The planning and zoning commission and the city council may take action on the application at the same meeting; however, the city council shall not take action until the report and recommendation of the planning and zoning commission has been received.

(Code 1987, ch. 11, subch. G, art. XVII, § 3; Code 1995, § 14.02.983; Ord. No. 2019-08-21(D), § 1, 8-21-2019; Ord. No. 2023-02-15-11, § 2(Exh. A), 2-15-2023; Ord. No. 2023-05-17-11, § 2(Exh. A), 5-17-2023)

(a)

After the public hearing, the commission will make its recommendation regarding the change in zoning regulations or boundaries.

(b)

The recommendation made by the commission will be submitted to the city council, in writing, and the applicant/petitioner will be notified of the action of the commission.

(c)

The city will establish and maintain a separate file for each petition/application received, and will record the names and addresses of all persons to whom notices were mailed, including the date of mailing and the persons by whom notices were mailed. All records and files herein provided will be made part of the official files of the city.

(Code 1987, ch. 11, subch. G, art. XVII, § 4; Code 1995, § 14.02.984)

(a)

After receiving the recommendation of the commission, the city council will, at the earliest practicable time, hold a public hearing on the application/petition, at which parties in interest and citizens will have an opportunity to be heard. Notice of the hearing will be given in the manner required under section 107-518(b).

(b)

If the commission recommends approval of the change in zoning regulations or boundaries requested in the application/petition, the city council may, by majority vote, either accept, reject or take other action on the application/petition.

(c)

If the commission recommends disapproval of the change in zoning regulations or boundaries requested in the application/petition, or if there is filed with the city a written protest against such change, signed by the owners of 20 percent or more, either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extended 200 feet therefrom, such change will not be approved except by the favorable vote of at least four/fifths of the whole number of members of the city council.

(d)

The city council may approve, at such time as a zoning change requested by a property owner (or the property owner's authorized agent) is granted, a development agreement between the city and the applicant containing such assurances as the city council may determine are reasonably necessary regarding the development of the property, including, but not limited to, development of the property substantially in accordance with a preliminary plat plan, in form reasonably satisfactory to the city council (the "development agreement"). The city council may require that the development agreement be recorded in the real property records of the county and constitute covenants running with the land. Thereafter, any requested modifications, amendments or variances to the development agreement must be considered by and receive the prior approval of the city council. All representations, whether written or oral, made by an applicant or his agent in connection with a zoning change request at any of the public hearings held in connection therewith will be binding upon such applicant and the property which is subject to the zoning classification change. It will be unlawful for the applicant to vary or breach any of such representations without first obtaining the prior written approval of the city council.

(e)

Any change in zoning regulations or boundaries must be enacted in the form of an ordinance amending this article.

(f)

If a zoning change application filed by or on behalf of a property owner with regard to such property is denied by the city council, then a zoning application for such property requesting a change to the same zoning classification previously requested may not be filed with the city for a period of six months from the date of the prior denial by city council.

(Code 1987, ch. 11, subch. G, art. XVII, § 5; Code 1995, § 14.02.985)

No application for site plan approval will be accepted for filing nor processed, and no building, site clearance, or grading permit will be issued for any work, other than in connection with a single-family residential use, for a period of no more than 90 days on land which is being considered for a change in zoning classification or is subject to an amendment to the zoning ordinance being considered by the city council. Such 90-day period will begin on the date the proposed zoning classification change or proposed zoning ordinance amendment is published for public hearing by the commission. Properties with respect to which building permits or final site plans have been approved prior to such date are excepted from this restriction. The time period for such restriction will expire upon the earlier to occur of expiration of such 90-day period or final determination of such zoning change or amendment by the city council. The foregoing notwithstanding, a site plan may be approved by the city council (and a building permit may be issued) simultaneously with the approval of a zoning change classification or an amendment to the zoning ordinance by the city council.

(Code 1987, ch. 11, subch. G, art. XVII, § 6; Code 1995, § 14.02.986)

It is the policy of the city, pursuant to the Fair Housing Act, also called Title VII of the Civil Rights Act of 1968, as amended in 1988 ("FHA"), the Americans with Disabilities Act Amendments, 2008 ("ADAA") and applicable state laws, to provide individuals with disabilities reasonable accommodations (including modifications or exceptions) in the city's zoning, land use and other regulations, rules, policies and practices, to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities, or developers of housing for people with disabilities, flexibility in the application of land use, zoning, building and other regulations, policies, practices and procedures, including waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities to ensure a person with a disability has an equal opportunity to use and enjoy a dwelling.

This division provides a procedure for making requests for accommodations in land use, zoning, building regulations and other regulations, policies, practices, and procedures of the jurisdiction to comply fully with the intent and purpose of applicable laws, including federal laws, in making a reasonable accommodation.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)

(a)

The provisions of this division apply to residential uses within a dwelling that will be used by persons with disabilities.

(b)

The accommodation granted shall be considered personal to the individual(s) and shall not run with the land. If the structure is sold, or otherwise changes ownership, an accommodation granted to the previous owner is not transferable to the new owner. Notwithstanding, the accommodation shall be in force and effect if the person(s) or group of persons with disabilities for whom the accommodation was sought resides on the property that is the subject of the accommodation. It is the duty of the owner to notify the city administrator of this event. The city shall allow the new owner an opportunity to renew and/or modify a granted reasonable accommodation in accordance with this division. If the reasonable accommodation is not renewed or modified within 60 days from the date of change in ownership, the accommodation will lapse, and the structure will have to comply with all otherwise applicable requirements.

(c)

Nothing in this division will require the city to expend any funds to achieve a reasonable accommodation except and to the extent required by state or federal law.

(d)

Nothing in this division will alter a person with disabilities' obligation to comply with other applicable federal, state and city regulations.

(e)

The city shall prominently display a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this division. A copy of the notice shall be available upon request.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)

The following definitions apply:

City administrator means that individual employed by the city council to perform duties and as determined by the city council and with the authority to administer, implement, or enforce a requirement that is the basis of the request for reasonable accommodation.

Disability means a disability as defined in 42 U.S.C. § 12102.

Dwelling means a building which:

(1)

Is designed and constructed for occupancy as a residence;

(2)

Includes bathroom facilities; and

(3)

Includes facilities for food preparation and sleeping.

Operator means the person in control of a dwelling operating under the provisions of this division.

Owner means an individual:

(1)

Who has an ownership interest in a corporation or other legal entity owning any dwelling; or

(2)

Who is the owner of any real property seeking or obtaining accommodation under this division.

Person with disabilities for the purposes of this division, has the meaning set forth in the FHA and ADAA, as amended from time-to-time, and is an individual who has a physical or mental impairment that limits one or more of the major life activities of such individual, is regarded as having such impairment, or has a record of such impairment. While a person recovering from substance abuse is considered a person with a disability under 42 U.S.C. § 3602(h), a person who is currently engaged in illegal use of controlled substances is not.

Reasonable accommodation permit means the written document issued by the city approving the act or acts of making a dwelling readily accessible to and usable by a person with disabilities, through the removal of constraints in the city's land use, zoning, building and other regulations, policies, practices and procedures including processing procedures, in accordance with this division.

Requirement means a provision of this Code or an administrative policy, program or procedure.

Resident means a person who is residing in a dwelling.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)

A reasonable accommodation controls over a conflicting city regulation or requirement.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)

The permit holder shall notify the city administrator within ten days after any material change in the factual circumstances which were included in the application for a reasonable accommodation permit, other than temporary changes in the number of residents living at a property.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)

(a)

The city intends to ensure that all persons with a disability have equal opportunity to use and enjoy a dwelling by providing such persons with reasonable accommodations in rules, policies, practices, and procedures promulgated under this division consistent with the FHA and the ADAA, as amended.

(b)

The method of submitting a request for reasonable accommodation permit is as follows:

(1)

A request for a reasonable accommodation permit may be submitted at any time that the accommodation may be necessary to ensure equal access to housing.

(2)

A request for a reasonable accommodation permit may be submitted by an individual with a disability, the person's representative, or a permit holder providing housing for one or more individuals with disabilities.

(3)

A request for a reasonable accommodation permit must be submitted in writing to the city administrator on the form provided by the city or in the form of a letter.

(4)

If an individual needs assistance in making a request for a reasonable accommodation permit, the city will provide assistance to ensure that the application process is accessible to the individual.

(c)

An applicant shall submit the following information before an application for a reasonable accommodation permit is considered to be complete:

(1)

The applicant's name, mailing address, street address, telephone number, and email address;

(2)

The applicant's relation to the individual(s) with a disability, if applicable;

(3)

The address of the property to which the requested reasonable accommodation permit would apply;

(4)

A disability determination by the Social Security Administration or the Department of Veteran's Affairs, or other substantially equivalent medical determination, that substantiates that the individual who would obtain the benefit of the reasonable accommodation is a person with a disability;

(5)

The section(s) of this Code or other applicable regulation from which a reasonable accommodation permit is being requested;

(6)

A brief explanation of why the requested accommodation permit is necessary for the person(s) with a disability to have equal access to housing;

(7)

Description of the disability at issue, the requested accommodation permit, and the specific regulation(s), policy, practice or procedure for which the accommodation is sought. In the event that the specific individuals who are expected to reside at the property are not known to a provider in advance of making the application, the provider shall not be precluded from filing the application, but shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing.

(8)

Any other information the city administrator concludes is necessary in order to make the findings required by section 107-538 to the extent permissible under applicable local, state and federal laws. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry (see Joint Statement of The Department of Housing & Urban Development & The Department of Justice; Reasonable Accommodations Under the Fair Housing Act, 2008).

(d)

Any personal information regarding disability status identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and/or person with a disability and shall not be made available for public inspection unless required by the Texas Public Information Act. Any information received regarding the disability status identified, including but not limited to medical records, will be returned to the applicant within ten days of the decision of the city administrator. The applicant need provide only the information necessary for the city to evaluate the reasonable accommodation permit request.

(e)

If the person with the disability needs assistance to make a request for a reasonable accommodation permit, the city administrator will provide assistance, including transcribing a verbal request into a written request.

(f)

A fee shall not be required for an application for a reasonable accommodation permit.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)

(a)

Upon receipt of a complete application for a reasonable accommodation permit, the city administrator, consistent with the requirements of this division, shall review the application and issue a written ruling that grants, grants with conditions, or denies the application.

(b)

A request for a reasonable accommodation permit shall be reviewed, and a determination made, by the city administrator, using the criteria set forth in this division and the statutes referenced.

(c)

The city administrator shall issue a written decision on a request, promptly but not more than 30 calendar days from:

(1)

The time the complete application for a reasonable accommodation permit was filed;

(2)

From the date of them completed inspection of the property, facility, and its records, as requested by the city administrator; or

(3)

From the city administrator's receipt of all additional requested information.

(d)

The city administrator's written decision must explain in detail the basis of the decision. The city administrator may either grant, grant with alterations or conditions, or deny a request for a reasonable accommodation permit in accordance with the required findings.

(e)

If necessary, to reach a determination on the request for a reasonable accommodation permit, the city administrator may request further information from the applicant consistent with applicable laws, specifying in detail the additional information that is required. Any personal information related to the disability status identified by the applicant as confidential shall be retained in a manner so as to protect the privacy rights of the applicant and shall not be made available for public inspection unless required by the Texas Public Information Act. Any information received regarding the disability status identified, including but not limited to medical records, will be returned to the applicant within ten days of the decision of the city administrator. If a request for additional information is made, the running of the 30 calendar day period to issue a decision is stayed until the applicant responds to the request.

(f)

Before deciding, the city administrator may request an inspection of the property and structures. If the city administrator makes such a request, the applicant must make the property, the structure, and records relevant to the application available for the inspection, within ten days after the date of the request.

(g)

If the city administrator deems it necessary to request additional information from the applicant consistent with federal and state law, the city administrator shall contact the applicant in writing and specify the additional information that is required. If the city administrator makes such a request, the applicant must provide the additional information to the city administrator within 20 days after the date of the request or the application is automatically denied.

(h)

All proposed decisions of the city administrator must be submitted to the city attorney for legal review to determine compliance with local, state, and federal laws and regulations.

(i)

The city administrator may impose reasonable conditions on any reasonable accommodation permit request granted consistent with the purpose of this division.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)

The written decision must be consistent with the FHA and based on a consideration of the following factors:

(1)

Whether the dwelling that is the subject of the request for a reasonable accommodation permit will be used by a person with a disability protected under the applicable laws.

(2)

Whether the requested reasonable accommodation permit is necessary to make a dwelling available to a person with disabilities protected under the applicable laws.

(3)

Whether the requested reasonable accommodation permit would pose an undue financial or administrative burden on the city. The determination of undue financial and administrative burden will be done on a case-by-case basis.

(4)

Whether the requested reasonable accommodation permit would require a fundamental alteration in the nature of a city program or law, including but not limited to zoning and land use.

(5)

In making findings, the city administrator may grant with alterations or conditions, reasonable accommodation permit, if the city administrator determines that the applicant's initial request would impose an undue financial or administrative burden on the city, or fundamentally alter a city program or law. The alterations or conditions shall provide an equivalent level of benefit to the applicant with respect to enabling the person(s) with a disability to use and enjoy the dwelling and making the provision of housing for person(s) with a disability financially or practically feasible.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)

(a)

The written decision of the city administrator on an application for a reasonable accommodation permit shall explain in detail the basis of the decision, including the city administrator's findings on the criteria set forth in section 107-538. The notice of the decision shall be sent to the applicant by certified mail and electronic mail, if the applicant's electronic mail address is known to the city.

(b)

The written decision of the city administrator shall be final. Nothing herein shall prohibit the applicant, or persons on whose behalf a specific application was filed, from reapplying for a reasonable accommodation permit based on additional grounds or changed circumstances. Nor shall this provision be construed to affect in any way the rights of a person to challenge the denial of a request for reasonable accommodation as violating the FHA, the ADAA or any other applicable state, federal or local law.

(c)

If the city administrator fails to render a written decision on the request for a reasonable accommodation permit within the 30 calendar day period established in section 107-537, the reasonable accommodation permit request shall be deemed granted.

(d)

A request for a reasonable accommodation permit stays all proceedings in furtherance of the enforcement of any requirement that is the subject of the request. A reasonable accommodation permit request does not affect an applicant's obligation to comply with other applicable regulations not at issue in the requested accommodation.

(e)

The city administrator shall retain, for the duration of the reasonable accommodation permit and at least five years thereafter, written records of each request and all related records, including the city's responses and decisions.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)

(a)

The city administrator may suspend a reasonable accommodation permit for a period not to exceed 30 days if the city administrator finds that the permit holder has:

(1)

Failed to comply, after actual notice and a full and fair opportunity to cure any non-compliance, as to any provision of this division, any other ordinance, or any state or federal law applicable to the use of the property;

(2)

Intentionally or knowingly impeded or refused to allow an inspection by the city administrator authorized under this division.

(b)

A dwelling with a reasonable accommodation permit under this ordinance may not admit any new residents during the time the permit is suspended.

(c)

In lieu of suspending a reasonable accommodation permit the city administrator may enter into a compliance agreement with a permit holder if the city administrator determines that the compliance agreement would eliminate the noncompliance that would otherwise justify a suspension.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)

(a)

Except as provided in subsection (b), the city administrator shall revoke any reasonable accommodation permit if the city administrator determines that:

(1)

The permit holder intentionally made a false statement as to a material matter in the application or in a hearing concerning the permit, which false statement or information is material to the right or eligibility permitted;

(2)

The permit holder has violated conditions of the permit and has failed to remedy or comply within ten days after notice has been provided; or

(3)

The factual basis for the approval has changed or no longer exists to support the right or eligibility previously approved.

(b)

In lieu of revoking a permit for a reasonable accommodation permit, the city administrator, at their sole discretion, may enter into a compliance agreement with a permit holder if the city administrator determines that the compliance agreement would eliminate the noncompliance that would otherwise justify a revocation.

(c)

Before revoking a reasonable accommodation permit under subsection (a), the city administrator shall notify the permit holder in writing by certified mail, return receipt requested, that the permit is being considered for revocation. The notice must include the reason for the proposed revocation, action the permit holder must take to prevent the revocation, and a statement that the permit holder has ten days to comply with the notice.

(d)

If after ten days from the date of the notice required in subsection (c) was sent or delivered, whichever is later, the permit holder has not complied with required actions listed in the notice, the city administrator shall revoke the reasonable accommodation permit and notify the permit holder in writing of the revocation. The notice must include the reason for the revocation and a statement informing the permit holder of the right of appeal.

(e)

If a reasonable accommodation permit has been revoked, the permit holder has ten days from the date the notice was sent or delivered, whichever is later, to relocate the residents and cease operations. An appeal of the revocation does not suspend or toll this deadline.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)

A reasonable accommodation permit is not transferable to another location, or to another owner.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)

(a)

Required inspections.

(1)

The initial inspection in connection with an application under this division.

(2)

Annual inspection for compliance with the city's building codes, to include the fire code.

(b)

Other inspections. The city may inspect any property permitted under this division, for the purpose of ascertaining whether violations of this division or any other city ordinances exist. The city administrator or their designee is authorized at a reasonable time to inspect:

(1)

The exterior of a structure and the surrounding premises; and

(2)

The interior of a structure if the permission of the owner, occupant, or person in control is given or a search warrant is obtained.

(c)

Re-inspections. Whenever a dwelling is inspected by the city administrator and a violation of this Code is found, the building or premises will, after the expiration of any time limit for compliance given in the notice or order issued because of the violation, be re-inspected by the city administrator to determine that the violation has been eliminated.

(d)

Re-inspection fee. The permit holder shall pay the city administrator a fee for each re-inspection after the first inspection that the violation is determined to be eliminated, including any other applicable fees.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)

(a)

A permit holder other person who violates any provision of this division, or who fails to perform a duty required by this division, commits an offense.

(b)

A permit holder, operator, or owner who intentionally or knowingly fails to comply with the conditions of a permit under this division, commits an offense,

(c)

An offense under this division is punishable by a fine not to exceed $500.00 unless the offense is a violation of a fire safety, zoning or public health and sanitation regulation in which case the offense shall be punishable by a fine not to exceed $2,000.00. A separate offense occurs each day or part of a day that the violation is committed, continued, or permitted.

(d)

If the city administrator finds a violation of the standards prescribed by this division and the violations create an immediate threat to the health and safety of a resident in the facility, the city administrator may order immediate closing of all or part of the facility. An order of immediate closure is effective immediately on providing written notice of the order to the owner or operator by facsimile, email, or hand-delivery. The order of closure of all or part of a boarding home facility is valid for ten days after its effective date.

(e)

The city attorney may petition the appropriate court for civil penalties and for injunctive relief to restrain a continuing violation of the standards or permit requirements for a property permitted under this division.

(f)

The remedies and procedures in this section and in other laws are cumulative law, and the use of any remedy or procedure does not prevent the enforcement of any other law.

(Ord. No. 2019-10-16-15, § 2, 10-16-2019)