The zoning regulations and districts as herein established for the City of Spring Valley have been made in accordance with a comprehensive plan for the purpose of promoting the general health, safety, morals and welfare of the community. They have been made with reasonable consideration, among other things, of the character of the district and its peculiarities and suitability for particular uses; with a view toward conserving and promoting the economic, social and aesthetic value of structures and buildings and encouraging the most appropriate use of land throughout the community; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements; for the protection and preservation of open-space land so as to avoid the unnecessary conversion of such land to heavy urban uses thereby protecting against the resultant adverse impacts such as air, noise, visual and water pollution, traffic congestion, destruction of scenic beauty, hazards relating to geology, fire and flood and other demonstrated consequences of urban sprawl and to mitigate and control such existing adverse urban effects.

The provisions of this Ordinance shall be administered by the City of Spring Valley, and, more particularly, through the Office of the Building Official. The Building Official's Office shall be responsible for investigating and evaluating existing structures and building permit applications for compliance with the provisions of this Comprehensive Zoning Ordinance. In performing this duty the Building Official may associate such administrators and/or municipal employees from other City departments and, with prior approval, outside consultants as are necessary to review and evaluate construction permit applications and/or existing structures for compliance with the provisions of this Comprehensive Zoning Ordinance. (Ordinance 231)

Unless otherwise excepted herein, a permit shall be required for any construction of, erection of, structural alteration of, reroofing of, or addition to any building, structure (excluding customary yard structures such as, for example, plug-in yard lights, bird houses, statues, mailboxes, and landscaping materials), storm sewer facility, water well, foundation repair, utilities improvement, or other fixture, including related appurtenances and utilities, regardless of whether or not such construction, erection, alteration, or addition is for the purpose of subdivision of land for sale, lease, or other similar conveyance or partial conveyance; such requirement for permits shall likewise apply to, but not be limited to, the moving or demolition of a building and the construction or erection of fences, pools, spas, saunas, whirlpools, jacuzzis, hot tubs, recreational structures more than nine (9) feet in height, sidewalks, decks, gazebos, patios, driveways, and streets. Additionally, the following special provisions apply to certain types of construction.

.01

Recreational Structures and Swing Sets. No recreational structure equal to or in excess of nine (9) feet above ground level, including, but not limited to, forts, playhouses, gym sets, and swing sets shall be placed, erected, or constructed without a building permit. Ground level shall be measured from the dwelling slab or average ground level if there is no dwelling slab. It shall be a prerequisite to obtain a building permit that the applicant provide the names and addresses of owners of all adjoining properties and a statement that all such owners have been given verbal or written notice of said application. (Ordinance 159)

.02

Dwellings-When Sealed Plans are Required. Any additions to a Pre-Existing residence, including but not limited to: (1) the addition of a second story to a residence which requires a new foundation; (2) a change in an existing foundation; or (3) other structural alteration to support such addition, shall require plans sealed by a structural engineer registered in the State of Texas to be submitted to the Office of the Building Official before a building permit can be issued for such addition. (Ordinance 159)

Construction permit applications shall be reviewed by the office of the Building Official for compliance with this Comprehensive Zoning Ordinance and other applicable City Ordinances. If the building, structure, structural alteration, or addition for which the construction permit is sought complies with the provisions of this Comprehensive Zoning Ordinance and other applicable Ordinances, then the office of the Building Official shall issue the permit; provided, further, the signatures of a designated representative of the Planning and Zoning Commission and the Mayor shall also be required for construction permits for any (i) building, (ii) dwelling, or any (iii) addition to a building or dwelling. No construction permit shall be issued for any building, dwelling, or structure in any subdivision or other planned development of land unless and until such subdivision or other development of land shall have been approved by the City Council of the City of Spring Valley, Texas as required by the regulations of the City Subdivision Development Ordinance and as required by State Law. (Ordinance 231)

The applicable construction, utility, or building permit fees, including an application plan check deposit, shall be paid to the City in accordance with the City's Fee Schedule, as established by the City Council from time to time. (Ordinance 231)

No building or structure hereinafter erected, altered, or added to shall be occupied or used, unless or until a Certificate of Occupancy and compliance shall be issued by the Office of the Building Official. A Certificate of Occupancy and compliance must be applied for and the progress of construction such that it is received, within twelve (12) months of starting construction for residential structures and within thirty (30) months for non-residential structures. A Certificate of Occupancy and compliance may be applied for at the same time as application is made for a building permit, but such certificate shall not be issued until the structure is in compliance with the requirements stated below as to Issuance.

.01

Issuance. The Office of the Building Official shall promptly issue a Certificate of Occupancy and compliance when it is determined that the building, structure, structural alteration or addition has been completed in such a manner as to comply with the provisions of this Comprehensive Zoning Ordinance.

.02

Record. A record of all such certificates shall be kept on file in the Office of the Building Official.

The City Council, Planning and Zoning Commission and Board of Adjustment all have certain statutorily imposed powers and duties relative to the administration of this Comprehensive Zoning Ordinance. These powers and duties are as follows:

The Planning and Zoning Commission shall be responsible for recommending to the City Council, after public hearing thereon, proposed changes and amendments to this Comprehensive Zoning Ordinance. In making any such recommended amendment, supplement, change or repeal, the duly appointed Commission shall comply with all applicable provisions of the Zoning statues of Texas, same being contained in Chapter 211, Texas Local Government Code. Application may be made to the Planning and Zoning Commission by any citizen of the City of Spring Valley for a change in, amendment of, supplement to, or repeal of any provision of this Ordinance. The Planning and Zoning Commission shall give notice of the time and place of its public hearings as required by law. In addition to that required by law, notice of all hearings before the Zoning Commission should be given by posting same on the City's website not less than 10 days prior to the date of such hearing. It shall make rules, regulations and bylaws for its own government, which shall conform as nearly as possible with those governing the City Council and same shall be subject to approval by the City Council. Provisions governing appointment and membership of the planning and Zoning Commission and its operating rules and regulations are set forth in separate Ordinance. (Ordinance 2006-15 adopted 5-23-06)

The Board of Adjustment shall have the authority to grant variances, special exceptions, and hear and decide appeals from any decisions, determination or interpretation by the Office of the Building Official with respect to the provisions of this Comprehensive Zoning Ordinance. The Board shall also have the powers granted by and shall be controlled by the provisions of Chapter 211, Texas Local Government Code. The Board of Adjustment shall adopt rules or procedures in accordance with the provisions of the Revised Civil Statutes of the State of Texas.

.01

In exercising its powers, the Board of Adjustment shall give public notice of the hearing on the applications for variances or special exceptions. Public notice of hearings held before the Board of Adjustment, unless otherwise required by law, shall be provided as follows:

.01.01

Mailing. Not less than fifteen (15) calendar days prior to the date of the public hearing, the Board of Adjustment shall mail written notice of the public hearing to each owner, as indicated by the most recent approved municipal tax roll, of real property lying within two hundred feet (200') of any point of the lot or tract of land or portion thereof, upon which a variance or special exception to the provisions of this Ordinance is sought, and to all other owners or persons as shall be determined by the Board of Adjustment. The mailed notice shall be given by U.S. mail, and shall be in letter form stating: (1) the time and place of the hearing; (2) a general description of the proposal; and (3) the legal description and general street location of the property subject to the public hearing; and (4) and a statement explaining that the public may be heard at the public hearing. This provision for notice by mailing shall be deemed to have been substantially complied with when such written notice shall have been placed by the Board of Adjustment in the United States mail. Failure to receive mailed notice shall not invalidate any action taken on the application.

.01.02

Posting of signs. Notice of required public hearings on applications for a variance or special exception (zoning change) shall also be provided by way of a sign posted on the property that is the subject of the application in accordance with the requirements set forth herein. The applicant shall be responsible for posting the required zoning change signage and for maintaining the required signage throughout the zoning change process.

Sign design for non-residential property. The following standards shall apply to non-residential property:

• Signs shall be four feet (4') feet by four feet (4').

• Signs shall be constructed in accordance with the City's design standards and verbiage for zoning signs which shall be provided to the applicant.

• Two (2) sided ten millimeter (10 mm) Coroplast sign or other material of equivalent strength and durability.

• Lettering on both sides of the sign.

• Metal or wood posts shall be used.

• Must include the City of Spring Valley Village official logo with a minimum size of one foot (1').

• Capital letters on the sign shall be no smaller than three (3) inches tall using the bold Arial font style.

Signs for residential properties shall be obtained from the City Secretary's Office.

Sign Placement

• One sign shall be erected by the applicant adjacent to each street frontage on the property that is the subject of the application and for each two hundred feet (200') of frontage along a street, with a maximum of three (3) signs required per street frontage.

• Signs shall be placed in a location on private property and clearly visible from all streets adjacent to the property included in the application.

• Where land does not have frontage on a public street, signs shall be posted on the nearest public street with a notation indicating the location of the land subject to the application.

• Signs shall be no greater than twenty feet (20') from the property line and shall be a minimum of two feet (2') off the ground, unless otherwise directed by the Building Official or his/her designee.

• Signs shall be placed perpendicular to the roadway to enable reading from both sides.

• Signs shall be located so that the lettering is visible and may be clearly read from the street.

Proof of Posting

• On non-residential property, the applicant shall erect the sign(s) on the property that is the subject of the application a minimum of fourteen (14) calendar days immediately preceding the date of the public hearing. On residential property, the applicant shall erect the sign(s) on the property that is the subject of the application a minimum of seven (7) calendar days immediately preceding the date of the public hearing. Failure to post the sign(s) for the time periods specified shall result in the postponement of the zoning change consideration by the Board. The applicant shall be subject to an additional fee to republish and/or re-notify due to such postponement.

• The applicant is responsible for maintaining the sign(s) on the property throughout the review process.

• A minimum of seven (7) calendar days prior to the public hearing, the applicant shall file an affidavit, on a form provided by the city, with the Building Official verifying that the sign(s) was posted as required by this section.

• The provisions of this section shall not apply to any application initiated by the Board or the City Council.

Sign Maintenance

• The applicant shall be responsible for maintaining all signs on the subject property throughout the zoning change process. The City of Spring Valley Village is not responsible for monitoring the required zoning change signs. Should the City of Spring Valley Village discover through routine duties related to other aspects of their daily functions that the sign is not being maintained, the City of Spring Valley Village shall contact the applicant to investigate and, if needed, correct the situation. An affidavit from the applicant certifying that the applicant has corrected the sign(s) shall indicate that the intent of the posting requirement was met. Failure to maintain the sign during the process shall not result in the postponement of the zoning change consideration so long as the applicant attempted to replace damages or missing signs upon notification.

Removal of Signs

• The applicant shall be responsible for removing the sign(s) from the property within seven (7) calendar days of the final action on the application by the Board.

• Failure to remove zoning signs within such timeframe will result in the issuance of a citation per sign and per day until removed.

(Ordinance 2007-10 adopted 4-24-2007; Ordinance 2019-15 adopted 6-25-19; Ordinance 23-14 adopted 12-12-23)

The Mayor shall appoint, subject to approval by the City Council, a Board of Adjustment. Such Board of Adjustment shall consist of five (5) members, each to be appointed for a term of two (2) years. Three (3) members of the Board shall serve terms beginning on odd-numbered years, and two (2) members shall serve terms beginning on even-numbered years. Members may be removed for cause by the appointing authorities upon written charges and after a public hearing. Any vacancy in the office shall be filled for the unexpired term of the member whose term vacant by appointment by the Mayor subject to approval by the City Council.

The Mayor shall also appoint, subject to approval by the City Council, four (4) alternate members of the Board of Adjustment who shall serve for the same period as the regular members, and shall be subject to removal as the regular members. Two (2) alternate members of the Board shall serve terms beginning on odd-numbered years, and two (2) alternate members of the Board shall serve terms beginning on even numbered years. Any vacancies in the office of alternate members shall be filled for the unexpired term of the member whose term becomes vacant by appointment by the Mayor subject to approval by the City Council. The alternate members shall serve in the absence of one or more regular members when requested to do so by the Mayor and/or Chairman of the Board of Adjustment.

(Ordinance 23-14 adopted 12-12-23)

The Board of Adjustment shall elect a chairman and vice-chairman from its membership and shall have the power to employ such qualified persons as may be necessary for the proper conduct and undertakings of the Board and to pay for their services and such other necessary expenses, provided that the cost of such expenses and services shall not exceed any amount appropriated by the City Council for the use of the Board. The following rules shall govern the procedures of the Board of Adjustment in addition to those requirements set forth in Articles 1011a through 1011j, Revised Civil Statues of Texas.

(1)

Meetings of the Board of Adjustment shall be held at the call of its chairman, and at such other times as the Board of Adjustment may determine;

(2)

The chairman, or in his/her absence, the acting chairman, may administer oaths and compel the attendance of witnesses;

(3)

All cases to be heard by the Board shall always be heard by a minimum number of five (5) regular or alternate members;

(4)

All meetings of the Board of Adjustment shall be open to the public;

(5)

The Board of Adjustment 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 immediately filed in the office of the City Secretary and shall be of public record;

(6)

The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative officer, or to decide in favor of the applicant on any matter upon which the Board of Adjustment is required to pass under this Ordinance, or to effect any variation from the terms of this Ordinance;

(7)

All meetings shall be attended by the City Attorney (or representative thereof) unless previously excused by and at the sole discretion of the Mayor."

(Ordinance 23-14 adopted 12-12-23)

Authority. The Board of Adjustment shall have the authority to grant special exceptions, in accordance with the provisions of this Ordinance and the procedures and standards hereinafter set forth in the following instances:

(1)

To permit the location in any zoning district of a state or municipal building, public utility building or athletic field;

(2)

To permit the reconstruction of a building occupied by a non-conforming use, or permit the extension of a non-conforming use of a building upon the lot or tract of land occupied by such building for such use at the Effective Date of this Ordinance;

(3)

To grant in undeveloped sections of the municipality temporary and conditional permits for not more than a two (2) year period for any such building or use;

(4)

To permit in any zoning district such Special Exception as shall be deemed necessary to secure appropriate development of a Lot, where adjacent to such Lot on two (2) or more sides there are buildings or uses which do not conform to the provisions of this Ordinance;

(5)

To permit in any zoning district the use or partial use of a Lot immediately adjacent and contiguous to a non-conforming use and under fee simple ownership of the owner of said nonconforming use, as recorded in the real property records of the County Clerk of Harris County, Texas, on or before the effective date of this Ordinance, when following accessory uses in support of the non-conforming use:

(a)

parking;

(b)

access;

(c)

landscaping;

(d)

buffering

when such use would not permit a substantial extension of the non-conforming use, such as construction of a building or other structure, and when such use is found necessary to alleviate existing undesirable conditions, such as traffic congestion, noise, visual congestion, or other similar conditions caused by the non-conforming use which adversely impact other property owners or the City generally. This paragraph (01:03.02.03(5)) shall not apply nor shall uses permitted herein be permitted, for a Lot that does not share a common property line with the non-conforming use or for a Lot separated from the non-conforming use by a public or private street. No more than one Lot for each non-conforming use shall be subject to the grant of special exceptions under this provision.

(6)

Where other provisions of this Comprehensive Zoning Ordinance "B" specifically provide for the grant of a special exception prior to the use of property for a particular purpose or the construction of particular structure.

Initiation. The owner or other persons having a contractual interest in the property which is the subject of the proposed Special Exception may initiate a request for a Special Exception under the provisions of this Section.

Application. An application for a Special Exception shall be filed with the Board of Adjustment and shall be accompanied by a fee in the amount as set out in the Fee Schedule, established by City Council, payable to the City of Spring Valley Village, Texas, in United States currency to defray, notification, costs and other administrative expenses including the handling of any application or appeal.

Such payment made to the City Secretary shall be paid to the general fund of the City of Spring Valley Village, Texas. Any person making an application for a Special Exception shall be entitled to have the fee returned if written notice of the withdrawal of the application is given to the City Secretary prior to the provision of notice in accordance with the City's zoning ordinance.

Action of the Board. The Board shall give public notice of the requested Special Exception and hold a public hearing on a Special Exception as soon as practicable, but not later than ninety (90) days after a complete application for a Special Exception is filed, pursuant to the procedures of the Board. Upon the hearing, any party may appear in person or by agent or by attorney.

The Chairman, or in his/her absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. Minutes of its proceedings, showing the vote of each member on each question or, if absent or failing to vote, indicating such facts, shall be kept and filed in the Office of the City Secretary and shall be the public record. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to decide in favor of the applicants.

Standards for Issuance. The Board of Adjustment shall consider as a minimum the following issues before granting any special exception:

(1)

That the public convenience and necessity will be substantially served

(2)

That the appropriate use of neighboring property will not be unreasonably and permanently impaired.

(3)

That other property owners or residents will not experience unreasonable hardship.

(4)

That granting the special exception will be consistent with the general intent of this Comprehensive Zoning Ordinance.

(5)

That granting the special exception is consistent with the betterment of the health, safety, and welfare of the citizens of the City of Spring Valley, Texas.

The applicant seeking a special exception shall bear the burden of proof in satisfying these issues.

Conditions Attached to Special Exceptions. The Board may attach conditions to the grant of a Special Exception, including provisions for landscaping, lighting, hours of operation, parking or other reasonable conditions, which will minimize the impact of the exception on the surrounding neighborhood. The Board may also make provision as to the duration of a Special Exception.

(Ordinance 23-14 adopted 12-12-23)

Authority. The Board of Adjustment shall have authority to grant Variances from the requirements of this Comprehensive Zoning Ordinance in accordance with the procedures of this Section.

Purpose. Variances from the terms of this Ordinance as will not be contrary to the public interest will be authorized where, owing to unique or extraordinary condition, a literal enforcement of the provisions of this Comprehensive Zoning Ordinance will result in unnecessary hardship to a property owner or one having a contractual interest in property and so that the spirit of the Ordinance shall be observed and substantial justice done.

Initiation. An owner or person having a contractual interest in the property to be affected by the Variance may seek a Variance under the provisions of this Section.

Standards. The Board of Adjustment will grant Variances from the provisions of this Comprehensive Zoning Ordinance where such modifications of the height, yard, area width, lot depth, screening wall, coverage and parking regulations are necessary to secure an appropriate development of a parcel of land which differs from other parcels within the district by being of such restricted area, shape or slope that it cannot be appropriately developed without modification.

In exercising its authority, the board may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary hardship:

(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 Section 26.01, Tax Code;

(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.

Application. An application for a Variance shall be filed with the Board of Adjustment and shall be accompanied by an application fee established by City Council as set out in the Fee Schedule to defray, notification, costs and other administrative expenses incurred in the handling of the application. Such payment made to the City Secretary shall be paid into the general fund of the City of Spring Valley Village, Texas. Such fee shall be refunded to the applicant if the applicant gives written notice of withdrawal of application to the City Secretary prior to the provision of notice in accordance with the City's zoning ordinance.

Action of the Board. The Board shall give public notice of the requested Variance and hold a public hearing on the Variance. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to decide in favor of the applicant for Variance. Upon the hearing, any party may appear in person or by agent or by attorney.

(Ordinance 23-14 adopted 12-12-23)

Authority. The Board of Adjustment shall have the authority to hear and decide appeals from any decision, determination or interpretation by any administrative official with respect to the provisions of this Comprehensive Zoning Ordinance, subject to the standards and procedures hereinafter set forth.

Initiation. An appeal may be initiated by any person aggrieved by, or any officer, department or board of the municipality affected by, any orders, decision, determination or interpretation made with respect to provisions of this Ordinance by any administrative official.

Procedure. Appeals shall be taken from the decisions of administrative officials within a reasonable time, not to exceed ninety (90) days, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a written notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which an action appealed from was taken.

Application. An Application for an appeal from any order, requirement, decision or determination made by any administrative official of the City of Spring Valley in enforcement of this Comprehensive Zoning Ordinance shall be accompanied by a fee as set out in the Fee Schedule to defray publication, costs and other administrative expenses incurred in the handling of the appeal. The payment made to the City Secretary shall be paid into the general fund of the City of Spring Valley, Texas. An applicant for an appeal may be entitled to a refund of the fee if written notice of withdrawal of the application is given the City Secretary prior to the authorization of any publication of any notice pertaining to the hearing of the appeal in the official newspaper used by the City of Spring Valley.

Action of the Board. The Board of Adjustment shall fix a reasonable time, not to exceed ninety (90) days, from the date of the application, within which to set the public hearing of the appeal, give public notice thereof, as well as give notice to the Parties in interest, make its determination within a reasonable time thereafter. Upon the hearing, any party may appear in person or by agent or by attorney.

(Ordinance 23-14 adopted 12-12-23)

In exercising its powers, the Board of Adjustment shall give public notice of the hearing on the applications for special exceptions, variances or appeals. Public notice of hearings held before the Board of Adjustments, unless otherwise required by law, shall be provided as follows:

Mailing. Not less than fifteen (15) calendar days prior to the date of the public hearing, the Board of Adjustment shall mail written notice of the public hearing to each owner, as indicated by the most recent approved municipal tax roll, of real property lying within two hundred feet (200') of any point of the lot or tract of land or portion thereof, upon which a variance or special exception to the provisions of this Ordinance is sought, and to all other owners or persons as shall be determined by the Board of Adjustment. The mailed notice shall be given by U.S. mail, and shall be in letter form stating: (1) the time and place of the hearing; (2) a general description of the proposal; and (3) the legal description and general street location of the property subject to the public hearing; and (4) and a statement explaining that the public may be heard at the public hearing. This provision for notice by mailing shall be deemed to have been substantially complied with when such written notice shall have been placed by the Board of Adjustment in the United States mail. Failure to receive mailed notice shall not invalidate any action taken on the application.

Posting of signs. Notice of required public hearings on applications for a variance or special exception (zoning change) shall also be provided by way of a sign posted on the property that is the subject of the application in accordance with the requirements set forth herein. The applicant shall be responsible for posting the required zoning change signage and for maintaining the required signage throughout the zoning change process.

Sign design for non-residential property. The following standards shall apply to non-residential property:

(1)

Signs shall be four feet (4') feet by four feet (4').

(2)

Signs shall be constructed in accordance with the City's design standards and verbiage for zoning signs which shall be provided to the applicant.

(3)

Two (2) sided ten millimeter (10 mm) Coroplast sign or other material of equivalent strength and durability.

(4)

Lettering on both sides of the sign.

(5)

Metal or wood posts shall be used.

(6)

Must include the City of Spring Valley Village official logo with a minimum size of one foot (1').

(7)

Capital letters on the sign shall be no smaller than three (3) inches tall using the bold Arial font style.

Sign design for residential property. Signs for residential properties shall be obtained from the City Secretary's Office.

Sign Placement

(1)

One sign shall be erected by the applicant adjacent to each street frontage on the property that is the subject of the application and for each two hundred feet (200') of frontage along a street, with a maximum of three (3) signs required per street frontage.

(a)

Signs shall be placed in a location on private property and clearly visible from all streets adjacent to the property included in the application.

(b)

Where land does not have frontage on a public street, signs shall be posted on the nearest public street with a notation indicating the location of the land subject to the application.

(c)

Signs shall be no greater than twenty feet (20') from the property line and shall be a minimum of two feet (2') off the ground, unless otherwise directed by the Building Official or his/her designee.

(d)

Signs shall be placed perpendicular to the roadway to enable reading from both sides.

(e)

Signs shall be located so that the lettering is visible and may be clearly read from the street.

Proof of Posting

(1)

On non-residential property, the applicant shall erect the sign(s) on the property that is the subject of the application a minimum of fourteen (14) calendar days immediately preceding the date of the public hearing. On residential property, the applicant shall erect the sign(s) on the property that is the subject of the application a minimum of seven (7) calendar days immediately preceding the date of the public hearing. Failure to post the sign(s) for the time periods specified shall result in the postponement of the zoning change consideration by the Board. The applicant shall be subject to an additional fee to republish and/or re-notify due to such postponement.

(2)

The applicant is responsible for maintaining the sign(s) on the property throughout the review process.

(3)

A minimum of seven (7) calendar days prior to the public hearing, the applicant shall file an affidavit, on a form provided by the city, with the Building Official verifying that the sign(s) was posted as required by this section.

(4)

The provisions of this section shall not apply to any application initiated by the Board or the City Council.

Sign Maintenance. The applicant shall be responsible for maintaining all signs on the subject property throughout the whole process. The City of Spring Valley Village is not responsible for monitoring the required signs. Should the City of Spring Valley Village discover through routine duties related to other aspects of their daily functions that the sign is not being maintained, the City of Spring Valley Village shall contact the applicant to investigate and, if needed, correct the situation. An affidavit from the applicant certifying that the applicant has corrected the sign(s) shall indicate that the intent of the posting requirement was met. Failure to maintain the sign during the process shall not result in the postponement of the consideration so long as the applicant attempted to replace damages or missing signs upon notification.

Removal of Signs

(1)

The applicant shall be responsible for removing the sign(s) from the property within seven (7) calendar days of the final action on the application by the Board.

Failure to remove zoning signs within such timeframe will result in the issuance of a citation per sign and per day until removed.

(Ordinance 23-14 adopted 12-12-23)

The City Council of the City of Spring Valley shall be responsible for holding public hearings on any recommended and proposed amendment, supplement, change or repeal of this Comprehensive Zoning Ordinance after receiving such recommendation from the planning and Zoning Commission. Such hearings may be held concurrently with the hearing of the Planning and Zoning Commission. After such hearing, the City Council shall enact an ordinance amending, supplementing, changing or repealing the boundaries of the districts or the regulations herein established and change the city zoning map to reflect the action taken. The City Council shall also approve appointments to the Board of Adjustment as more fully set forth in Appendix One.

The City Council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. (Ordinance 194)

Before taking action on any proposed amendment, supplement. or change the City Council shall submit the proposed revision to the Planning and Zoning Commission for its recommendation and report. (Ordinance 194)

The Planning and Zoning Commission shall make a preliminary report and hold a public hearing on zoning changes before submitting its final report to the City Council. The Commission shall give public notice of the hearing on an application for zoning change. Public notice of hearings held before the Planning and Zoning Commission, unless otherwise required by law, shall be provided as follows:

.01

Mailing. Not less than ten (10) calendar days prior to the date of the public hearing, the Planning and Zoning Commission shall mail written notice of the public hearing to each owner, as indicated by the most recent approved municipal tax roll, of real property lying within two hundred feet (200') of any point of the lot or tract of land or portion thereof, upon which a change to the provisions of this Ordinance is sought. The mailed notice shall be given by U. S. mail, and shall be in letter form stating: (1) the time and place of the hearing; (2) a general description of the proposal; and (3) the legal description and general street location of the property subject to the public hearing; and (4) and a statement explaining that the public may be heard at the public hearing. This provision for notice by mailing shall be deemed to have been substantially complied with when such written notice shall have been placed by the Planning and Zoning Commission in the United States mail. Failure to receive mailed notice shall not invalidate any action taken on the application.

.02

Posting of signs. Notice of required public hearings on applications for a zoning change shall also be provided by way of a sign posted on the property that is the subject of the application in accordance with the requirements set forth herein. The applicant shall be responsible for posting the required zoning change signage and for maintaining the required signage throughout the zoning change process.

Sign Design for non-residential property. The following standards shall apply to non-residential property:

• Signs shall be four feet (4') by four feet (4').

• Signs shall be constructed in accordance with the City's design standards and verbiage for zoning signs which shall be provided to the applicant.

• Two (2) sided ten millimeter (10 mm) Coroplast sign or other material of equivalent strength and durability.

• Lettering on both sides of the sign.

• Metal or wood posts shall be used.

• Must include the City of Spring Valley Village official logo with a minimum size of one foot (1').

• Capital letters on the sign shall be no smaller than three inches (3") tall using the bold Arial font style.

Signs for residential properties shall be obtained from the City Secretary's Office.

Sign Placement

• One sign shall be erected by the applicant adjacent to each street frontage on the property that is the subject of the application and for each two hundred feet (200') of frontage along a street, with a maximum of three (3) signs required per street frontage.

• Signs shall be placed in a location on private property and clearly visible from all streets adjacent to the property included in the application.

• Where land does not have frontage on a public street, signs shall be posted on the nearest public street with a notation indicating the location of the land subject to the application.

• Signs shall be no greater than twenty feet (20') from the property line and shall be a minimum of two feet (2') off the ground, unless otherwise directed by the Building Official or his/her designee.

• Signs shall be placed perpendicular to the roadway to enable reading from both sides.

• Signs shall be located so that the lettering is visible and may be clearly read from the street.

Proof of Posting

• On non-residential property, the applicant shall erect the sign(s) on the property that is the subject of the application a minimum of fourteen (14) calendar days immediately preceding the date of the public hearing. On residential property, the applicant shall erect the sign(s) on the property that is the subject of the application a minimum of seven (7) calendar days immediately preceding the date of the public hearing. Failure to post the sign(s) for the time periods specified shall result in the postponement of the zoning change consideration by the Commission or City Council. The applicant shall be subject to an additional fee to republish and/or re-notify due to such postponement.

• The applicant is responsible for maintaining the sign(s) on the property throughout the review process.

• A minimum of seven (7) calendar days prior to the public hearing before the Commission or City Council, the applicant shall file an affidavit, on a form provided by the city, with the Building Official verifying that the sign(s) was posted as required by this section.

• The provisions of this section shall not apply to any application initiated by the Commission or City.

Sign Maintenance

• The applicant shall be responsible for maintaining all signs on the subject property throughout the zoning change process. The City of Spring Valley Village is not responsible for monitoring the required zoning change signs. Should the City of Spring Valley Village discover through routine duties related to other aspects of their daily functions that the sign is not being maintained, the City of Spring Valley Village shall contact the applicant to investigate and, if needed, correct the situation. An affidavit from the applicant certifying that the applicant has corrected the sign(s) shall indicate that the intent of the posting requirement was met. Failure to maintain the sign during the process shall not result in the postponement of the zoning change consideration so long as the applicant attempted to replace damages or missing signs upon notification.

Removal of Signs

• The applicant shall be responsible for removing the sign(s) from the property within seven (7) calendar days of the final action on the application by the City of Spring Valley Village.

• Failure to remove zoning signs within such time frame will result in the issuance of a citation per sign and per day until removed.

(Ordinance 194; Ordinance 2019-15 adopted 6-25-19)

After receipt of the final report from the Planning and 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 paper of general circulation in the City, stating the time and place of such hearing, which publication shall be not less than fifteen (15) days before the date of the hearing. (Ordinance 194)

However, the City Council may, by ordinance, provide that the holding of any public hearing before City Council be held jointly with any public hearing required to be held by the Planning and Zoning Commission, after giving published notice as required herein, but the City Council shall not take action until it has received the final report from the planning and Zoning Commission.

In the event of a written protest against such proposed amendment, supplement, or change signed by the owners of twenty percent (20%) or more either of the area of the lots or land included in such proposed change or of the area of the lots or land immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of four (4) out of five (5) of all members of the City Council. (Ordinance 194)

(Ordinance 194)

The purpose of these Specific Use Permit regulations is to allow within the City the proper integration of uses which may be suitable only in specific locations. (Ordinance 194)

A Specific Use Permit is an amendment by the City Council to the district regulations of the Comprehensive Zoning Ordinance that permits the permanent establishment of a Specific Use within the zoning district. (Ordinance 194)

In addition to the Certificate of Occupancy called for in this Comprehensive Zoning Ordinance, a Specific Use Permit shall be required before the following Specific Uses can be Permitted:

.01

Gas compressor or regulator station;

.02

Oil wells and operations for the exploration for and production of minerals;

.03

Pipeline easements;

.04

Pre-school and Day Care or Child Care Centers, whether as an accessory use to a church or other place of worship or as a main or primary use;

.05

Private, nondenominational elementary and high schools, colleges, and universities;

.06

Private, denominational elementary and high schools, colleges, and universities whether as an accessory use to a church or other place of worship or as a main or primary use;

.07

Churches or other places of worship;

.08

Riding stable or horse tract; and

.09

Water wells, water and sewage treatment and storage facilities, and related appurtenances; (Ordinance 194)

.10

Telecommunications antenna towers (in areas zoned for commercial uses only: Commercial District "C" and in the Planned Area Development District-commercial areas); (Ordinance 96-19)

.11

Private Recreation Clubs in the Bingle West Planned Area Development District subject to the requirements of an approved Specific Use Permit and in conformance with section 01.05.11.

(Ordinance 2008-14 adopted 3-25-08)

The Building Official shall not issue a Certificate of Occupancy for such uses listed in the preceding section that are hereafter created, changed, converted, or enlarged either wholly or in part, until a Specific Use Permit has been obtained in accordance with the amendment procedures in this Comprehensive Zoning Ordinance. (Ordinance 194)

Application for a Specific Use Permit shall be made by the property owner or certified agent thereof to the Planning and Zoning Commission on forms prescribed for this purpose by the City. Such application shall be accompanied by those documents required by this Comprehensive Zoning Ordinance for Building Permit Applications. Specific Use Permits, revocable, conditional, or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this Comprehensive Zoning Ordinance. Granting a Specific Use Permit does not exempt the applicant from complying with the requirements of the Building Code or other ordinances. (Ordinance 194)

The fee to cover administrative and processing costs of a Specific Use Permit application shall be as established by the City Council. (Ordinance 194)

In considering any application for a Specific Use Permit, the Planning and Zoning Commission shall give due regard to the nature and condition of all adjacent uses and structures. The Planning and Zoning Commission may recommend disapproval of an application for a Specific Use permit; however, in recommending approval of a Specific Use Permit the Planning and Zoning Commission may recommend such requirements and conditions with respect to location, construction, maintenance, and operation in addition to the regulations of the district in which the particular use is located as they may deem necessary for the protection of adjacent properties and public interest. (Ordinance 194)

The Planning and Zoning Commission shall make a recommendation regarding the application to the City Council, which recommendation shall include consideration of:

.01

Whether the proposed structure or use conforms to the requirements and intent of this Comprehensive Zoning Ordinance;

.02

Whether such use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the public welfare of the community;

.03

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

.04

Off-street parking and the economic, noise, glare, or odor effects of the Specific Use on adjoining properties and properties generally in the district;

.05

Refuse and service areas;

.06

Utilities with reference to location, availability, and compatibility;

.07

Fencing, screening, or buffering with reference to type, dimensions, and character,

.08

Sign location, size, and proposed exterior lighting with reference to glare and traffic safety and compatibility with properties in the district;

.09

Landscaping and required yard and other open space;

.10

Setbacks; and

.11

General Compatibility with adjacent properties and other property in the district. (Ordinance 194)

Every Specific Use permit granted by the City Council shall be an amendment to the Comprehensive Zoning Ordinance as applicable to such property. In granting such permit the City Council may impose conditions which shall be complied with by the grantee before a Certificate of Occupancy may be issued by the Office of the Building Official for the use of the building on such property pursuant to said Specific Use Permit; and such conditions shall not be construed as conditions Precedent to the granting of the Specific Use Permit, but shall be construed as conditions precedent to the granting of the Certificate of Occupancy. (Ordinance 194)

Following passage of a Specific Use Permit Ordinance by the City Council, the Building Official Shall issue a Certificate of Occupancy, as provided in this Comprehensive Zoning Ordinance, and shall insure that development is undertaken and completed in accordance with, said Specific Use Permit. (Ordinance 194)

General Standards for Private Recreation Clubs.

(a)

A private recreation club means any privately owned and operated recreational facility containing primarily indoor and outdoor aquatic facilities whether operated for profit or not.

(b)

A private recreation club shall contain a minimum of two and one-half (2½) acres.

(c)

A private recreation club shall provide a buffer zone between the club's facilities and any adjacent property designated from residential use. No building or structure shall be erected within thirty (30) feet of Dwelling District "A".

(d)

All buildings and structures intended for human occupancy shall be set back fifty (50) feet from the front property line. All buildings and structures intended for human occupancy shall be set back twenty-five (25) feet from any sound wall owned and maintained by the Texas Department of Transportation. All buildings shall have a setback of ten (10) feet from side and rear property lines. All accessory structures shall maintain the required building setbacks of the land use district.

(e)

No building or structure shall exceed thirty-nine (39) feet in height.

(f)

An eight-foot solid fence shall be erected along the boundary of the facility with District "A" not including the front yard; provided, however, a fence shall not be required if the properties are separated by a creek. Additionally, an open metal or wrought iron fence up to eight (8) feet high may be permitted in the front yard, beyond the front foundation of any building, and up to the front property line provided that the fence does not create a sight distance issue or safety concern.

(g)

The facility shall be landscaped and lighted in accordance with a landscape and lighting plan as approved by the City. All outdoor lighting shall be located, screened, or shielded so that adjustment residential lots or structures are not directly illuminated.

(h)

The facility shall contain public street access and off-street parking sufficient for the users of the facility.

(i)

The facility shall contain sufficient off-street loading for all activities associated with the facility, including refuse collection.

(j)

The facility may include a snack bar, food store, apparel/sporting goods, and other similar accessory uses provided the use is fully contained in a building; provided, however, nothing herein shall prohibit the consumption of food or beverages on the premises. All other accessory structures shall maintain the required building setbacks of the land use district.

(k)

The facility shall contain at least two (2) swimming pools containing fourteen thousand six hundred (14,600) square feet or more of surface pool area.

(Ordinance 2008-14 adopted 3-25-08)