As a home rule city, the City of Universal City has by city charter all the powers authorized by the Texas Local Government Code § 211.007 and § 371.042 which authorize the appointment of a Planning and Zoning Commission, and which set out certain authority and responsibilities for such a Commission. The Planning and Zoning Commission serves an advisory role to the City Council that includes review and recommendation of applications subject to zoning authority, such as: zoning map amendments (rezoning) and text amendments to these zoning regulations.

(Ord. No. 581, § 2.1, 1-22-07)

The City Council is responsible for appointing and removing members of the Planning and Zoning Commission. The City Council shall hear and render decisions on applications for original zoning, render decisions on proposed amendments to the official zoning map, as well as take final action on amendments of the text of the zoning ordinance.

(Ord. No. 581, § 2.2, 1-22-07)

The Zoning Administrator, designated by the City Manager, will be the administrative official responsible for the duties and procedures provided in this chapter. The provisions of this chapter will ordinarily be carried out by said official or a designee such as assistants, deputies, or department heads.

(Ord. No. 581, § 2.3, 1-22-07)

The City Council may, from time to time, amend, supplement, change, modify or repeal the Future Land Use Plan or portions thereof, after recommendation by the Planning and Zoning Commission. The Official Zoning Map may be amended based upon changed or changing conditions in a particular area or in the City generally, or to rezone an area, or to extend the boundary of an existing zoning district. All amendments must be in accordance with the Future Land Use Plan, which may only be amended according to the procedure described in Texas Local Government Code § 213.003. The City Council is responsible for final action on Zoning Map Amendments.

(1)

Submittal Requirements. An application for Zoning Map Amendment shall be deemed complete when the applicant or agent has provided on or before the application submittal date prescribed by the City Manager or his/her designee:

a.

A letter or application form, signed by the property owner(s), stating the current and requested zoning classifications.

b.

A copy of the current deed, indicating ownership and authority to file the application.

c.

A legal description of the property, whether by Lot and Block, or by metes and bounds.

d.

The full required fee for processing the application.

e.

A list of property owners within two hundred (200) feet of the property for which the change in district boundary is proposed.

(2)

Required Notice and Hearings. The Planning and Zoning Commission shall hold a public hearing to consider proposed changes in district boundaries or amendments to regulations. Written notice of any such public hearing shall be mailed to all owners of real property, according to the most current County tax rolls, lying within two hundred (200) feet of the property for which a change in district boundaries is proposed. Such notice shall be mailed not less than ten (10) days before the date set for hearing. A legal notice giving the time and place of such hearing shall be published not less than fifteen (15) days before the date set for hearing. If an application or petition has been filed, the party responsible shall appear in person or by agent. The Commission shall act upon changes and amendments as originally submitted or modified. If the Commission is satisfied that a proposed change or amendment is justified, it shall recommend City Council approval. If modifications are required, such modifications shall be included in the recommendation to the City Council. If the Commission is not satisfied that a proposed change or amendment is justified, it shall recommend City Council disapproval. The reasons for disapproval shall be included in the recommendation to the City Council.

A public hearing shall be held by the City Council before adopting any proposed supplement, amendment or change. Notice of such hearing shall be given by publication in the official publication of the City of Universal City, Texas, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first day of such publication. If an application or petition has been filed, the owner shall appear in person or by agent. If the City Council is satisfied that a proposed change or amendment is justified, it shall approve the change or amendment. If modifications are required, such modifications shall be conditions to approval and clearly stated in writing. If the City Council is satisfied that the proposed change or amendment is not justified, it shall disapprove the change or amendment. If an application or petition has been denied, the reasons for disapproval shall be clearly stated in writing and reflected in the official minutes of the meeting.

(3)

If the City Council fails to approve or disapprove any proposed change or amendment, such change or amendment shall not be submitted and considered again before six (6) months have passed from the date of the City Council decision to disapprove. A proposed change or amendment that is withdrawn following the submission of a notice of public hearing of the City Council shall not be resubmitted and considered again before six (6) months have passed from the date of the public hearing.

(Ord. No. 581, § 2.4, 1-22-07; Ord. No. 581-E-2013, § I(2.4.3), 2-19-13)

[(1)

Powers and Duties.] The Board of Adjustments (BOA) is hereby established and has the powers and duties set forth in Chapter 211 of the Texas Local Government Code and the City Charter. The Board of Adjustment's jurisdiction extends to and includes the following specific powers and duties:

(a)

Variance (from zoning standards of this chapter).

(b)

Appeal of an Administrative Decision, per Texas Local Government Code § 211.010.

(2)

Membership. The Board of Adjustment shall consist of seven (7) regular members and two (2) alternate members, each to be appointed for a term of two (2) years and removable for any cause by the City Council. The two (2) alternate members shall serve in the absence of one (1) or more regular members when requested to do so by the City Manager or his/her designee. Vacancies will be filled for the unexpired term of any member whose term becomes vacant. The appointed members shall select a Chairperson and such other officers from among is membership as it may deem necessary.

(3)

Meetings. The Board shall adopt rules in accordance with the provision of this chapter. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson, or in his/her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. The board shall keep minutes of its proceedings, showing the vote of each member upon question, or if absent or failing to vote, indicating such fact, and shall keep records of the examinations and other official action, all of which shall be immediately filed in the Office of the City Clerk and shall be a public record.

Six (6) members of the Board shall constitute a quorum. The Chairperson shall vote on all questions. Concurring vote by a seventy-five (75) percent of members in attendance shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variations in such ordinance.

(4)

Final Action. An applicant aggrieved by a final action on a BOA procedure may appeal to the appropriate District Court within ten (10) days of the final action (see Texas Local Government Code § 211.011). Failure to appeal within ten (10) days shall cause the BOA final action to become unappealable.

(Ord. No. 581, § 2.5, 1-22-07)

The Board of Adjustment shall have the authority to hear requests for variance in accordance with the terms of this chapter. In granting a variance the Board of Adjustment will determine if the strict enforcement of this chapter would create a substantial hardship to the applicant, by virtue of unique special conditions not generally found within the City. The spirit of the Future Land Use Plan must also be preserved and balanced with the general interests of the public and the applicant. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that public health, safety, and welfare may be secured.

(1)

Application Requirements for Variance. The following terms prescribe the initiation and initial process of a variance application:

a.

Initiation of a variance process must be made in accordance with § 211.010 of the Texas Local Government Code.

b.

Applications must be made in a format consistent with requirements determined by the City Manager. Applications must include all materials determined necessary by the City Manager. Information regarding format requirements and submittal materials required for the application will be made available by the City Manager in advance of any application. Applications are available at City Hall.

c.

Upon submission of an application, the City Manager will determine whether the application is complete.

d.

The City Manager shall establish procedures for administrative review necessary to ensure compliance with this Code and state law.

e.

The City Manager may assign staff to review the application and to provide a preliminary report to the City Manager.

(2)

Required Notice and Hearings. The Board of Adjustment shall hold a public hearing to consider citizen comment concerning the application. Written notice of any such public hearing shall be mailed to all owners of real property lying within two hundred (200) feet of the property for which the variance is requested. Such notice shall be mailed not less than ten (10) days before the date set for hearing to owners that appear on the most current County tax rolls. A legal notice giving the time and place of such hearing shall be published in the official newspaper of the City, not less than fifteen (15) days before the date set for hearing.

(3)

Consideration. The City Manager's report shall include a recommendation for final action. The BOA will review the application, the City Manager's report, conduct a hearing in accordance with the BOA's established procedures and state law, and take final action on the application. In accordance with Texas Local Government Code § 211.009, the concurring vote of seventy-five (75) percent of the members of the board is necessary to:

a.

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

b.

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

c.

Authorize a variance from the terms of the zoning ordinance.

(4)

Criteria for Granting a Variance, Findings Required. The Board of Adjustment shall prescribe only conditions that it deems not prejudicial to the public interest, and shall enumerate its decision with findings of fact. In making the required findings, the Board of Adjustment shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed development, the possibility that a nuisance may be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Board of Adjustment finds all of the following:

a.

Extraordinary Conditions. That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Code will deprive the applicant of a reasonable use of the land. For example, a variance might be justified because of topographic, or other special conditions unique to the property and development involved, while it would not be justified due to inconvenience or financial disadvantage.

b.

Preservation of a Substantial Property Right. That the variance is necessary for the preservation of a substantial property right of the applicant.

c.

Substantial Detriment. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this Code.

d.

Other Property. That the conditions that create the need for the variance do not generally apply to other property in the vicinity.

e.

Applicant's Actions. The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property.

f.

Future Land Use Plan. That the granting of the variance would not substantially conflict with the Future Land Use Plan and the purposes of this chapter.

g.

Utilization. That because of the conditions that create the need for the variance, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property.

(5)

Insufficient Findings. The following types of possible findings alone do not constitute sufficient grounds for granting a variance:

a.

That the property cannot be used for its highest and best use.

b.

That there is only a financial or economic hardship.

c.

That there is a self-created hardship by the property owner or its agent.

d.

That the development objectives of the property owner are or will be frustrated.

e.

The fact that property may be utilized more profitably should a variance be granted.

(6)

Limitations. The Board of Adjustment may not grant a variance when the effect of the variance would be any of the following:

a.

To allow the establishment of a use not otherwise permitted in the applicable zoning district.

b.

To increase the density of a use above that permitted by the applicable district.

c.

To extend physically a nonconforming use of land.

d.

To change the zoning district boundaries shown on the Official Zoning Map.

(7)

Time to Exercise Variances. A special exception or variance shall not be valid if action authorized is not begun within a period of ninety (90) days. Action shall include the issuance of a building permit. The Board of Adjustment may grant extensions to the ninety (90) day time period provided:

a.

The Board of Adjustment is presented with a status report on the development of the Property that is the subject of the Variance and finds good cause to grant the variance."

b.

Such extension shall not exceed ninety (90) days and should the applicant require additional time beyond the time granted by the extension the applicant shall be required to return to the Board of Adjustment and present an updated status report on each occasion an additional extension is requested; and the Board of Adjustment shall be required to make a finding that good cause exists before granting such extension.

c.

In the event that a Variance had expired for more than sixty (60) days, the Board of Adjustment shall not be authorized to grant an exception to the expired Variance.

(8)

[Withdrawn Appeals, Exceptions, Variances.] A proposed administrative appeal, special exception or variance that is withdrawn following the submission of a notice of public hearing of the Board of Adjustments shall not be submitted and considered again before twelve (12) months have passed from the date of the public hearing. If the Board of Adjustments denies an administrative appeal, refuses to grant a special exception or variance, such appeal shall not be submitted and considered again before twelve (12) months have passed from the date of the Board of Adjustments decision to disapprove and deny the appeal.

(Ord. No. 581, § 2.6, 1-22-07; Ord. No. 581-E-2013, § I(2.6.8), 2-19-13; Ord. No. 581-I-2014, § 1, 4-15-14)