(a)

Amendments. The city council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts or the regulations established in this article.

(b)

Procedure. Before taking action on any proposed amendment, supplement or change:

(1)

The zoning commission shall hold public hearings thereon before submitting its recommendation to the city council.

a.

Applications for a zoning change shall be made on forms provided by the city.

b.

The same zoning request shall not be considered on any parcel more than once in any 12-month period of time unless the zoning commission, by a three-fourths vote of members present, determines that there has been a substantial change in conditions surrounding the subject land since the prior request, and agrees to reconsider the request.

c.

The staff shall review all zoning requests, and provide the zoning commission with their concerns and comments, and make sure that the commission has sufficient information to make a recommendation.

(2)

Written notice of all public hearings on proposed changes in classifications shall be sent to all owners of property, or to the person rendering the property for city taxes, located within 200 feet of any property affected thereby not less than ten days before any such hearing is held. Such notice may be served by depositing the notice, properly addressed and postage prepaid, in the city post office. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date of making the renditions which are included on the last approved city tax roll, notice to such owners shall be given by publication in the manner provided by subsection (c) of this section.

(c)

Public hearings. After receipt of the final report from the zoning commission, a public hearing shall be held by the city council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given by publication one time in a newspaper of general circulation in the city, stating the time and place of such hearing, which shall be before the 15th day before the date of the hearing.

(d)

Joint meeting. In cases where the city council deems it feasible and practicable to do so, public hearings provided for in subsection (c) of this section to be held before the zoning commission and the city council, respectively, may be held jointly before the commission and council, and the city council shall not take final action until it has received the final report of the zoning commission.

(e)

Protests and recommendations for denial.

(1)

In case of a written protest against any change in zoning, signed by the owners of 20 percent or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all of the members of the city council.

(2)

A vote of three-fourths of all the members of the city council of the city is also required to overrule a recommendation of the zoning commission that the proposed amendment, supplement or change be denied.

(f)

Appeals for specific use permits. The applicant or any property owner in the city, jointly or severally, aggrieved by any decision of the zoning commission, may present to the city council a statement, duly verified, setting forth that such decision is unjust, in whole or in part, specifying the ground of injustice. Such statement shall be presented to the council within 30 days after the final decision of the zoning commission, and not thereafter, for notification and calling of a public hearing to hear and act on the appeal.

(g)

Administrative cost. The city zoning commission, with the concurrence and approval of the city council, shall determine and set forth a fee schedule for the purpose of recovering the administrative cost or processing zoning requests and the public hearings called for by this article. Such fee shall be paid by the applicant and shall not be designed for restricting an applicant's ability to seek a hearing and/or generate revenue for other than recovery of actual administrative costs incurred by the city.

(Ord. No. 091002-1, § 2, 9-10-2002)

The official zoning map of the city shall be kept in the official files of the city secretary. Certified copies shall be maintained in the office of the city administrator, the official files of the zoning commission, the chief inspector, the city engineer and the office of the tax assessor-collector. The map entitled, "Zoning Map of the City of Selma, Texas," shall constitute an official part of this chapter. The boundaries of the districts referred to in this chapter are indicated upon the zoning map of the city which is adopted with and declared to be a part of this chapter by reference. All notations, references and other information shown upon such zoning map are hereby made a part of this chapter, and shall be considered as much a part of the chapter as if the matters of information set forth thereby were all fully contained and described in this section. Such map shall, on the face, be identified and verified in the following manner: "Zoning Map of the City of Selma, Texas," and shall bear the names of the city council, the city administrator, and the chair of the zoning commission and the date of its adoption. It shall bear the signature of the mayor, attested by the city secretary, and the official seal of the city affixed thereto. Changes and amendments shall be properly noted and dated. A replica thereof shall be produced upon paper in such reduced scale as to permit such replica to be attached to the transcription of this chapter.

(Ord. No. 091002-1, § 3, 9-10-2002; Ord. No. 081210, § 1, 8-12-2010; Ord. No. 090811-01, § 1, 9-8-2011)

Editor's note— The official zoning map of the city is not set out herein, but is on file in the offices of the city.

The purpose of the regulations in this division is to preserve compatible and orderly development within the city by allowing uses which may be suitable only in certain locations in a zoning district, by allowing uses which may be suitable only if developed in a specific way, or allowing uses only for a limited period of time. A specific use permit is required for all specific uses as set forth in the specific use subsection of each zoning district, and as indicated by an "S" in Exhibit A—Land Use Matrix in division 2, article VI of this chapter. At no time may a structure or property be adapted to a specific use without first obtaining a specific use permit.

(Ord. No. 070915-03, § 1, 7-9-2015)

The property owner or certified agent shall make application for a specific use permit on a form prescribed by the city and include information which describes the nature of the use which would categorize it as being a use requiring a specific use permit. If the use for which the application is being submitted lends itself to description by site plan, the application shall provide drawings as set forth in "site plans required," section 82-93. Obtaining a specific use permit does not exempt the applicant from complying with requirements of the building code or other ordinances. The fee for a use permit shall be recommended by the city zoning commission and approved by the city council. Payment of such fees shall not be refundable in whole or in part.

(Ord. No. 070915-03, § 1, 7-9-2015)

(a)

Purpose. The purpose of the supplemental information and the site plan (if a site plan is applicable) is to ensure compliance with this chapter and to assist in the orderly and harmonious development of the city, the stability of land values and investments, and enhancement of the general welfare.

(b)

Supplemental information. Supplemental information shall include:

(1)

The zoning district in which the use will be sited;

(2)

The proposed use that may require a specific use permit;

(3)

Any additional information that may be relevant to the considerations of the zoning commission and city council.

(c)

Site plan. The site plan shall contain drawings to scale to indicate as needed:

(1)

The location of all structures on the subject property and on adjoining property;

(2)

Landscaping and/or fencing of yards and setback areas and proposed changes;

(3)

Design of ingress and egress;

(4)

Off-street parking and loading facilities;

(5)

Height of all structures;

(6)

Proposed uses; and

(7)

The location and types of all signs, including lighting and heights.

(Ord. No. 070915-03, § 1, 7-9-2015)

The city administrator shall have the responsibility for processing all specific use permit applications and presenting them to the zoning commission and city council for processing as described in this section. The following procedure shall be followed prior to the approval or denial of any specific use permit:

(1)

An application for a specific use permit shall be considered by the zoning commission after a public hearing. The zoning commission may make a recommendation to the city council to deny the application if the proposed use fails to meet one of the criteria set forth in the requirements for approval, or the zoning commission may make a recommendation to the city council to approve the application with or without conditions. The city council shall conduct a public hearing and consider the zoning commission recommendation at a subsequent city council meeting. The city council in its discretion may approve or deny an application for a specific use permit, and may impose conditions on any specific use permit.

(2)

Notice of said public hearings shall be mailed to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property for which application has been made. In no case shall this notification occur less than ten or more than twenty calendar days prior to consideration at a meeting of the zoning commission to consider such application. The notification shall announce the dates of both the zoning commission meeting and the city council meeting at which the application will be considered.

(3)

Specific use permits shall be approved by ordinance. A specific use permit, once approved, shall be issued to the applicant on a form prescribed by the city, and a copy of the specific use permit shall be retained by the city.

(Ord. No. 070915-03, § 1, 7-9-2015)

The zoning commission may recommend approval of a specific use permit to the city council and the city council may approve a specific use permit subject to appropriate conditions and safeguards when the commission and the council find that:

(1)

The proposed use meets all the minimum standards established in this chapter and other applicable ordinances.

(2)

The proposed use will not be detrimental to the health, welfare and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property.

(Ord. No. 070915-03, § 1, 7-9-2015)

(a)

The city administrator shall ensure compliance with this chapter and the specific use permit. He shall:

(1)

Make inspections to determine compliance with the provisions of this chapter and the specific use permit, and initiate appropriate action if necessary.

(2)

Investigate thoroughly any complaints of non-compliance concerning a permitted specific use, and keep a record of all complaints, indicating any action taken. These records shall be made available at the time of renewal of the specific use permit.

(b)

Upon determination of noncompliance with the provisions of the specific use permit, the city administrator shall take action as follows:

(1)

Give written notice to the specific use permit holder of the nature of the violation, the necessary action to remedy the violation, and the time period, not less than ten days nor more than thirty days after the date of notification, within which to comply.

(2)

Notify the city council of the noncompliance if the violations have not been corrected within the prescribed time period.

(c)

The zoning commission, after due hearing, may recommend to the City Council that a specific use permit that has been reported in violation by the city administrator be revoked, or may or recommend to the city council that the specific use permit be continued. The city council may revoke the specific use permit or allow the use to continue. Continued use without a specific use permit will be a violation of this chapter and subject to the same penalties provided in this chapter.

(d)

If a specific use permit has not been used within six months after the date granted, the specific use permit is automatically cancelled.

(Ord. No. 53-2015, § 1, 11-17-2015)

A specific use permit shall have a time limit of not more than one year unless otherwise approved by the city council. If the specific use permit does have a time limitation attached, the expiration date shall be set forth. Any permitee wishing a renewal of such permit for successive time periods shall make written application to the city for renewal.

(Ord. No. 53-2015, § 1, 11-17-2015)

Conditions of specific use are as follows:

(1)

Home occupations:

a.

The area used in conducting the home occupation will be clearly secondary to the residential use.

b.

There shall be no exterior display, advertising or signs.

c.

There shall be no more than one additional unrelated employee other than immediate members of the family working on the premises.

d.

There shall be no outside storage of materials or products.

e.

The permitted use shall not create frequent or heavy traffic, greater than ten percent of the average load per house, per street.

(2)

Mobile homes or portable buildings:

a.

Mobile homes or portable buildings may not be used for residential use.

b.

Mobile homes or portable buildings may not be installed in R-1 zoning districts, except as temporary sales offices.

c.

The mobile home or portable building must be located in such a manner as to have access to a public right-of-way within 200 feet.

d.

The mobile home or portable building must be connected to an approved water distribution and sewage disposal system

e.

There must be a provision for garbage and trash collection and disposal.

f.

The mobile home must be tied down and meet all other applicable provisions.

g.

Portable building requirements shall not be applicable to portable buildings used only for storage purposes on residential lots. Such buildings, however, shall meet setback requirements in adopted city ordinances.

(3)

Development in the AICUZ overlay district (see chapter 82, article VII, division 3) shall meet all AICUZ overlay district requirements.

(4)

All bars, cocktail lounges, taverns, cantinas, saloons, dance halls, discotheques, discos, nightclubs or similar establishments must meet the requirements of all ordinances adopted by the city governing their usage.

(5)

No form of pollution shall emanate beyond the immediate property line of the permitted use.

The zoning commission and city council may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this chapter and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping, additional improvements such as curbing and sidewalks, and restrictions on lighting that affects property of others.

(Ord. No. 070915-03, § 1, 7-9-2015)

(a)

Appeals to the city council may be made by any person aggrieved, or by any city officer, department, or board affected by any decision of the administrator in the enforcement of this chapter. Such appeal shall be filed with the city council through the city administrator within 15 days after the original decision appealed from.

(b)

A notice of hearing before the city council is required as follows:

(1)

The city council shall hold a public hearing on all appeals made to it and written notice of such public hearing shall be sent to the applicant, all persons who are owners of real property lying within 200 feet of the property, on which the appeal is made, and all other persons deemed by the city council to be affected thereby.

(2)

Such notice shall be given not less than ten days before the date set for hearing to all such owners who have rendered their property for city taxes as the ownership appears on the last city tax roll. Such notice shall be delivered personally or through the U.S. Postal Service.

(c)

The city council shall forthwith notify in writing the commission and the city building inspector of each decision, interpretation, special exception and variance granted under the provisions of this chapter.

(d)

City council procedures are as follows:

(1)

The city council shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official or body in the enforcement of this chapter. All appeals shall have the effect of staying the decision appealed from and, thereby, preserving the status quo until the appeal is decided in accordance with the rules of this section.

(2)

In hearing and deciding appeals, the city council may take the following actions:

a.

Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter, as shown on the maps fixing the several districts, accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout as shown on such maps.

b.

Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

c.

Permit the reconstruction of a nonconforming building which has been damaged to the extent of more than 50 percent of its replacement cost.

d.

If no structural alterations are made, any nonconforming use, provided the city council finds that the proposed nonconforming use is not more nonconforming in the district than the previously existing nonconforming use.

(3)

In rendering such decisions, the city council may require any conditions and safeguards as it shall deem appropriate to see the purposes and intents of this chapter are met, and the violation of any such conditions or safeguards shall constitute a violation of this chapter.

(4)

In exercising such powers, the city council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

(e)

Administrative cost. The city council shall determine and set forth a fee schedule for the purpose of recovering the administrative cost of processing requests and the public hearings called for by this section. Such fee shall be paid by the applicant and shall not be designed for restricting an applicant's ability to seek a hearing and/or to generate revenue for other than recovery of actual administrative cost incurred by the city.

(Ord. No. 091002-1, § 54, 9-10-2002)

(a)

Application for variance may be made by any person affected by this chapter. Such application shall be filed with the city administrator and the city council.

(b)

Notice of a hearing before the city council is required as follows:

(1)

The city council shall hold a public hearing on all variances applied for and written notice of such public hearing shall be sent to the applicant, all persons who are owners of real property lying within 200 feet of the property on which the variance is made, and all other persons deemed by the city council to be affected thereby.

(2)

Such notice shall be given not less than ten days before the date set for hearing to all such owners who have rendered their property for city taxes as the ownership appears on the last city tax roll. Such notice shall be delivered personally or through the U.S. Postal Service.

(c)

The city council shall forthwith notify in writing the commission and the city building inspector of each variance granted under the provisions of this chapter.

(d)

City council procedures are as follows:

(1)

In specific cases, the city council may authorize such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. Such variances from the strict application of the terms of this chapter must be in harmony with its purpose and intent, and may be authorized only when the city council is satisfied that the applicant has proven that the following conditions exist:

a.

A literal enforcement of the provisions of this chapter will result in unnecessary hardship. Financial hardship is not sufficient to show unnecessary hardship.

b.

The property in question is not suitable and usable for uses permitted in the district in which it lies, even though there will be a loss of profit or another economic disadvantage on account of the use.

c.

The unnecessary hardship was not self-inflicted.

d.

Any physical hardship is unique to the land or parcel involved, and is not shared in general by others in the neighborhood.

e.

The variance will not alter the essential character of the locality, and the surrounding property will be protected.

f.

The variance requested is not in actuality a reclassification of land uses or the creation of new districts. Such action amounts to legislation, and may only be done by the city council.

(2)

In permitting such exceptions, the city council may require any conditions and safeguards as it shall deem appropriate to see the purpose of intent of this chapter are met, and the violation of any such conditions or safeguards shall constitute a violation of this chapter.

(e)

Administrative costs. The city council shall determine and set forth a fee schedule for the purpose of recovering the administrative cost of processing requests and the public hearings called for by this section. Such fee shall be paid by the applicant and shall not be designed for restricting an applicant's ability to seek a hearing and/or to generate revenue for other than recovery of actual administrative cost incurred by the city.

(Ord. No. 091002-1, § 54.A, 9-10-2002)