University Park City Zoning Code
ARTICLE 9
Review and Approval Procedures
§ 9.1 Common Provisions.
9.1.1
Applicability.
The common procedural provisions of this section apply to all of the procedures in this article unless otherwise expressly stated.
9.1.2
Review and Decision-making Authority.
Table 9-1 provides a summary of the review and approval procedures of this article. In the event of conflict between this summary table and the detailed procedures contained elsewhere in this article, the detailed procedures govern.
Table 9-1: Review and Decision-making Authority | ||||
|---|---|---|---|---|
Procedure | CDD | BoA | P&Z | CC |
Zoning Text/Map Amendment | R | – | R* | DM* |
Specific Use Permit | R | – | R* | DM* |
Planned Development | R | – | R* | DM* |
Special Exception | R | DM* | – | – |
Variance | R | DM* | – | – |
Appeal of Administrative Decision | – | DM* | – | – |
Table notes: |
|---|
R = review and recommending authority |
DM = decision-making authority |
CDD = community development director |
BOA = board of adjustment |
P&Z = planning and zoning commission |
CC = city council |
* = public hearing |
9.1.3
Preapplication Meetings.
A.
Purpose.
Preapplication meetings provide an early (preapplication) opportunity for staff and applicants to discuss the procedures, standards and regulations required for development approval under this zoning ordinance.
B.
Applicability.
Preapplication meetings are required whenever the provisions of this zoning ordinance expressly state that they are required. They are encouraged in all cases.
C.
Scheduling.
Preapplication meetings must be scheduled with community development department staff.
D.
Guidelines.
The community development director is authorized to establish guidelines for preapplication meetings, including information that should be provided and any available alternatives to face-to-face meetings, such as telephone conversations and email correspondence.
9.1.4
Applications and Fees.
A.
Owner-initiated Applications.
Whenever the provisions of this zoning ordinance allow the filing of an application by the owner of the subject property, that application must be filed by all record title owners of the real properties that are the subject of the application or the property owners’ authorized agent.
B.
Form of Application.
Applications required under this zoning ordinance must be submitted in a form and in such numbers as required by the official responsible for accepting the application. Applications must include materials and information to assist authorized review and decision-making bodies in their consideration of the application, including at least the following:
1.
A list of the names and addresses of all owners of record of the property that is the subject of the application; and
2.
Maps, plats, surveys, dimensioned site plans, engineering documents, environmental reports, traffic studies, and other materials and information, as required by this zoning ordinance or application checklists established by the official responsible for accepting the application. Application forms and submittal requirements must be made available to the general public.
C.
Application Filing Fees and Notification Costs.
All applications filed by property owner must be accompanied by the application fee that has been established by the city council. Application filing fees are intended to cover the cost of providing public hearing notices and other administrative costs relating to reviewing and processing applications.
D.
Application Completeness, Accuracy and Sufficiency.
1.
An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required application filing and notification fees.
2.
The official responsible for accepting the application must make a determination of application completeness within 10 business days of application filing.
3.
If an application is determined to be incomplete, the official responsible for accepting the application must provide notice to the applicant along with an explanation of the application’s deficiencies. Notice of an incomplete application may be provided by personal service, electronic mail or first-class mail.
4.
No further processing of incomplete applications will occur and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the first available processing cycle. If the deficiencies are not corrected by the applicant within 60 days, the application will be deemed to have been withdrawn.
5.
Applications deemed complete will be considered to be in the processing cycle and will be reviewed by staff and other review and decision-making bodies in accordance with applicable review and approval procedures of this zoning ordinance.
6.
The official responsible for accepting the application may require that applications or plans be revised before being placed on an agenda for possible action if the community development director determines that:
a.
The application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan’s/application’s compliance with zoning ordinance requirements or other regulations;
b.
The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan’s/application’s compliance with zoning ordinance requirements or other regulations; or
c.
The decision-making body does not have legal authority to approve the application.
9.1.5
Application Processing Cycles.
The community development director and other officials responsible for accepting applications, after consulting with review and decision-making bodies, is authorized to promulgate reasonable cycles and timelines for processing applications, including deadlines for receipt of complete applications.
9.1.6
Neighbor Communications.
A.
Neighbor communications are encouraged by the board of adjustment, planning and zoning commission and city council to help:
B.
Applicants are encouraged to submit a summary of their neighbor communication activities at or before the first required public hearing. The recommended content of such summaries is as follows:
1.
Efforts to notify neighbors about the proposal (how and when notification occurred, and who was notified);
2.
How information about the proposal was shared with neighbors (mailings, work-shops, meetings, open houses, fliers, door-to-door handouts, etc.);
3.
Who was involved in the discussions;
4.
Concerns raised by neighbors; and
5.
What specific changes (if any) were considered and/or made as a result of the neighbor communications.
9.1.7
Public Hearing Notices.
A.
Newspaper Notice.
Whenever the procedures of this article require that newspaper notice be provided, the notice must be published in the city’s official newspaper or a newspaper of general circulation within the city.
B.
Mailed Notice.
Whenever the procedures of this article require that mailed notice be provided, a written notice must be sent by United States Postal Service first class mail to the owner of the subject property and owners of real property lying within 200 feet of the subject property. Addresses must be based on the most recently approved city tax roll.
C.
Content of Required Notice.
All required public hearing notices must:
1.
Indicate the date, time and place of the public hearing that is the subject of the notice;
2.
Describe any property involved in the application by map, street address or legal description;
3.
Describe the action sought in the application or proposal;
4.
Identify who will conduct the hearing; and
5.
Indicate where additional information on the matter can be obtained.
D.
Constructive Notice.
1.
When the records of the city document the publication or mailing of notice, as required by this article, required notice of the public hearing will be presumed to have been given.
2.
Minor defects in required notices will not be deemed to impair the notice or invalidate proceedings pursuant to the notice. Minor defects in notice are limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. If questions arise at the hearing regarding the adequacy of notice, the hearing body must make a formal finding about whether there was substantial compliance with the notice requirements of this zoning ordinance.
9.1.8
Hearing Procedures.
A.
At required public hearings, interested persons must be permitted to submit information and comments, verbally or in writing. The hearing body is authorized to establish reasonable rules and regulations governing the conduct of hearings and the presentation of information and comments.
B.
Once commenced, a public hearing may be continued by the hearing body. No re-notification is required if the continuance is set for specified date and time and that date and time is announced at the time of the continuance.
C.
If a public hearing is continued or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public hearing notice must be given before the rescheduled public hearing. If the applicant requests and is granted a continuance or postponement requiring renotification, the applicant must pay any costs of renotification.
9.1.9
Action by Review and Decision-Making Bodies.
A.
In taking action under the procedures of this article, review and decision-making bodies must act by simple majority vote of a quorum, unless otherwise expressly stated.
C.
Review and decision-making bodies are authorized to continue a public hearing or defer action in order to receive additional information or further deliberate.
9.1.10
Conditions of Approval.
When the procedures of this article authorize approval with conditions, review bodies, including staff, are authorized to recommend conditions and decision-making bodies are authorized to approve the subject application with conditions. Any conditions recommended or approved must relate to a situation likely to be created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development.
9.1.11
Decision-Making Criteria; Burden of Proof or Persuasion.
Applications must address relevant review and decision-making criteria. In all cases, the burden is on the applicant to show that an application or proposal complies with all applicable review or approval criteria.
9.1.12
Required Time-frames for Action.
Any time limit specified in this zoning ordinance for any decision or action on behalf of a review or decision-making body may be extended if the applicant agrees to an extension. Unless otherwise expressly stated, if a review or decision-making body does not render a decision or take action within any time period required under this zoning ordinance and the applicant has not agreed to an extension of that time limit, the application is deemed denied.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 9.2 Zoning Ordinance Text Amendments.
9.2.1
Authority to Initiate.
Amendments to the text of this zoning ordinance may be initiated only by the city council, the planning and zoning commission or community development director.
9.2.2
Community Development Director Review.
The community development director must prepare a report and recommendation on proposed zoning ordinance text amendments. The report must be transmitted to the planning and zoning commission before its public hearing on the proposed amendment.
9.2.3
Planning and Zoning Commission Hearing and Recommendation.
A.
The planning and zoning commission must hold a public hearing on the proposed zoning ordinance text amendment.
B.
Notice of the planning and zoning commission’s public hearing on a zoning ordinance text amendment must be published at least 10 days before the public hearing, in accordance with Section 9.1.7.
C.
Following the close of the public hearing, the planning and zoning commission must act to recommend that the proposed text amendment be approved, approved with modifications, or denied and transmit its report and recommendations to the city council. Motions to approve, approve with modifications or deny zoning ordinance text amendments may be approved by a simple majority vote of a quorum.
9.2.4
City Council Hearing and Action.
A.
Following receipt of the planning and zoning commission’s report and recommendation, the city council must hold a public hearing on the proposed zoning ordinance text amendment.
B.
Notice of the city council’s public hearing on a zoning ordinance text amendment must be published at least 15 days before the public hearing, in accordance with Section 9.1.7.
C.
Following the close of the public hearing, the city council must act to approve the proposed zoning ordinance text amendment, approve the proposed text amendment with modifications or deny the proposed text amendment. The city council is also authorized to remand the proposed text amendment back to the planning and zoning commission for further consideration. Zoning ordinance text amendments may be approved by a simple majority vote of a quorum.
9.2.5
Review and Approval Criteria.
The decision to amend the zoning ordinance text is a matter of legislative discretion that is not controlled by any one standard. In making recommendations and decisions about zoning ordinance text amendments, review and decision-making bodies must consider all relevant factors, including at least the following:
A.
Whether the proposed text amendment is in conformity with city policy and the public interest; and
B.
Whether the proposed zoning ordinance text amendment corrects an error or inconsistency or is necessary or desirable to meet the challenge of a changed or changing condition and is in the public interest.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 9.3 Zoning Map Amendments.
9.3.1
Authority to Initiate.
Amendments to the zoning map may be initiated only by the city council, the planning and zoning commission or the owner of the real property that is the subject of the proposed zoning map amendment or by the subject property owner’s authorized agent.
9.3.2
Owner-initiated Applications.
Property owner-initiated applications for approval of a zoning map amendment must be filed with the community development director.
9.3.3
Community Development Director Review.
Following receipt of a complete zoning map amendment application or other initiation of zoning map amendment, the community development director must prepare a report and recommendation on the proposed zoning map amendment. The report must be transmitted to the planning and zoning commission before its public hearing on the proposed amendment.
9.3.4
Planning and Zoning Commission Hearing and Recommendation.
A.
The planning and zoning commission must hold a public hearing on the proposed zoning ordinance text amendment.
B.
Notice of the planning and zoning commission’s public hearing on a zoning map amendment must be published and mailed at least 10 days before the public hearing, in accordance with Section 9.1.7.
C.
Following the close of the public hearing, the planning and zoning commission must act to recommend that the proposed zoning map amendment be approved, approved with modifications, or denied and transmit its report and recommendations to the city council. Motions to approve, approve with modifications or deny zoning map amendments may be approved by a simple majority vote of a quorum.
Figure 9-1: Zoning Map Amendment Process (Generally)  |
9.3.5
City Council Hearing and Action.
A.
Following receipt of the planning and zoning commission’s report and recommendation, the city council must hold a public hearing on the proposed zoning map amendment.
B.
Notice of the city council’s public hearing on a zoning map amendment must be published at least 15 days before the public hearing, in accordance with Section 9.1.7.
C.
Following the close of their public hearing, the city council must act to approve the proposed zoning map amendment, approve the proposed amendment with modifications, including approval of a less intensive zoning district, or deny the proposed amendment. The city council is also authorized to remand the proposed zoning map amendment back to the planning and zoning commission for further consideration.
9.3.6
Protest Petitions.
A.
If a valid protest petition is filed against any proposed zoning map amendment, passage of the zoning map amendment by the city council requires a favorable vote of three-fourths of the members of the entire city council.
B.
A protest petition will be deemed valid if it is signed by any of the following:
C.
A written protest petition opposing a zoning map amendment must be submitted to the community development director at least 3 business days before the city council’s vote.
9.3.7
Review and Approval Criteria.
The decision to amend the zoning map is a matter of city council discretion that is not controlled by any single standard or criterion. In making recommendations and decisions on zoning map amendments, review and decision-making bodies must consider all relevant factors, including at least the following:
A.
Whether the proposed zoning map amendment is consistent with the policy and intent of comprehensive plan; and
B.
Whether the proposed zoning map amendment corrects an error or inconsistency or is necessary or desirable to meet the challenge of a changed or changing condition and is in the public interest.
9.3.8
Successive Applications.
If a zoning map amendment application has been denied by the city council, no new zoning map amendment application that includes all or part of the same property may considered by planning and zoning commission or the city council for at least one year from the date of final action by the city council, unless the city council finds that conditions have changed or that the application involves different considerations from the previous application and thereby justifies a waiver of the time period prior to a new application.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 9.4 Specific Use Permits.
9.4.1
Authority to File.
Applications for approval of a specific use permit (SUP) may be filed only by the subject property owner or the subject property owner’s authorized agent.
9.4.2
Application Filing.
Applications for approval of an SUP must be filed with the community development director.
9.4.3
Community Development Director Review.
Following receipt of a complete SUP application, the community development director must prepare a report and recommendation on the proposed SUP. The report must be transmitted to the planning and zoning commission before its public hearing on the proposal.
9.4.4
Planning and Zoning Commission Hearing and Recommendation.
A.
The planning and zoning commission must hold a public hearing on the proposed specific use permit.
B.
Notice of the planning and zoning commission’s public hearing must be mailed at least 10 days before the public hearing, in accordance with Section 9.1.7.
C.
Following the close of the public hearing, the planning and zoning commission must act to recommend that the proposed SUP be approved, approved with conditions, or denied and transmit its report and recommendations to the city council. Motions to approve, approve with conditions or deny requested specific use permits may be approved by a simple majority vote of a quorum.
9.4.5
City Council Hearing and Action.
A.
Following receipt of the planning and zoning commission’s report and recommendation, the city council must hold a public hearing on the proposed specific use permit.
B.
Notice of the city council’s public hearing must be published at least 15 days before the public hearing, in accordance with Section 9.1.7.
C.
Following the close of their public hearing, the city council must act to approve the proposed SUP, approve the proposed SUP with conditions, or deny the proposed SUP. The city council is also authorized to remand the SUP application back to the planning and zoning commission for further consideration.
D.
Specific use permit applications may be approved by a simple majority vote of a quorum.
9.4.6
Review and Approval Criteria.
A specific use permit may be approved by the city council upon a determination that the following criteria are met:
9.4.7
Successive Applications.
If a specific use permit application has been denied by the city council, no new SUP application that includes all or part of the same property may considered by planning and zoning commission or the city council for at least one year from the date of final action by the city council, unless the city council finds that conditions have changed or that the application involves different considerations from the previous application and thereby justifies a waiver of the time period prior to a new application.
9.4.8
Mapping of Specific Use Permits.
All specific use permits approved in accordance with the provisions of this zoning ordinance must be referenced on the zoning map and a list of such permits must be maintained and be available for public inspection in the office of the community development director.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 9.5 Planned Developments.
9.5.1
9.5.2
Conceptual Site Plans.
A.
General.
Conceptual site plans serve to establish the overall development plan for the planned development and provide the regulatory framework (e.g., allowed uses, densities, floor area, building heights, and overall site design) for future development of the property.
B.
Preapplication Meeting.
Before submitting an application for a PD rezoning, the applicant must schedule a meeting with the community development director to discuss the proposed project and the required process (see Section 9.1.3)
C.
Application Filing.
Complete applications for conceptual site plan approval must be filed with the community development director at the same time that the PD zoning map amendment application is filed. The zoning map amendment procedures of Section 9.3 apply to PD zoning map amendments and PD conceptual site plans except as expressly modified by the PD approval procedures of this section.
D.
Application Contents.
An application for a PD district rezoning and conceptual site plan must contain all items of information specified in the preapplication meeting and include at least the following information:
1.
Use categories and/or specific uses;
2.
Streets and alleys, proposed and existing;
3.
Lot arrangements, if applicable;
4.
Building footprints;
5.
Building heights;
6.
Layout and description of vehicular access and parking, including a breakdown of required parking by use category;
7.
Topographical or spot elevations of the site;
8.
Pertinent physical features of the site, if any;
9.
Any proposed building or buildings including distances from property lines;
10.
General landscape development plans;
11.
General elevations of proposed buildings;
12.
General description of the site, including area, dimensions and surroundings;
13.
Signage as appropriate; and
14.
Traffic impact studies if deemed necessary by the community development director.
H.
Lapse of Approval.
1.
Unless a longer time period or a phasing plan is approved at the time of approval of a conceptual site plan, a complete application for detailed site plan approval must be filed within 1 year of the date of conceptual site plan approval. If an application for detailed site plan approval is not filed within the required time period, no further detailed site plans may be approved for the project until the subject property owner has filed the original or amended conceptual site plan for re-review and reconsideration by the planning and zoning commission and city council. Such re-review and reconsideration must follow the conceptual site plan review procedures of this zoning ordinance. Following re-review and reconsideration, the planning and zoning commission is authorized to recommend and the city council is authorized to approve any of the following actions based on surrounding land use patterns and other relevant information presented at the time of reconsideration by the planning and zoning commission and city council:
2.
For projects to be developed in phases, phase limits must be shown on the conceptual site plan and approved by the city council. The city council may impose conditions upon the phasing plan as deemed necessary to ensure orderly development, including requirements for financial guarantees ensuring construction of all required improvements.
9.5.3
Detailed Site Plans.
A.
Before the issuance of any building permits for development within an approved PD district, a detailed site plan must be submitted for approval, except that in cases where the conceptual site plan is deemed adequate, the planning and zoning commission may recommend a waiver of the requirement for a detailed site plan. At the time the amending ordinance is approved by the city council, any conditions of such waiver must be expressly identified.
B.
The detailed site plan must include final plans for development within planned development district and conform to the approved conceptual site plan. Approval of the detailed site plan must occur before issuance of any building permits within the districts.
C.
The detailed site plan may be submitted for the total area of the PD district or for any section or phase approved on the conceptual site plan. Unless the requirement for a detailed site plan is waived, the detailed site plan must be reviewed by the planning and zoning commission and approved by the city council, but no public hearings are required.
D.
The detailed site plan must include all of the information required for conceptual site plans, with additional detail as required by the community development director to allow for a competent and thorough review. The detailed site plan must be a scaled drawing with adequate dimensions to assure compliance with the amending ordinance. It must also include expanded information regarding utility locations, utility easements, size of utility lines, dimensioned locations of ingress and egress, and an accurate topographical survey of the tract with contour intervals of not more than 5 feet.
E.
The detailed site plan must locate the proposed buildings, showing the location of the buildings on the site and the distances between buildings and other buildings, if any, property lines, street lines and alleys. In addition, the detailed site plan must include scaled drawings of the provisions for off-street parking.
F.
The detailed site plan must expand the landscape development plan to include special site construction, special paving, street furniture, lighting, site signage, screening walls, ornamental planting, and types and location of trees to be planted.
G.
As a supplemental document to the detailed site plan, architectural plans showing the elevations of the buildings must be submitted and approved with the detailed site plan.
H.
After approval of the detailed site plan, changes of detail that do not materially alter the basic relationship of the proposed development to adjacent property and that do not alter the uses permitted may be authorized by the community development director.
9.5.4
Phased Development.
If deemed appropriate by the city council, PD districts may be developed in phases or sections. When phasing is desired, the applicant must submit the proposed phasing plan with the PD rezoning application and conceptual site plan. A detailed site plan for each phase must be submitted and reviewed by the planning and zoning commission and approved by the city council. The initial phase must include provisions for all utilities, thoroughfares, alleys and streets for the entire PD district unless otherwise expressly the city council.
9.5.5
Mapping of PD Districts.
All PD districts approved in accordance with the provisions of this zoning ordinance must be referenced on the zoning map and a list of such districts must be maintained and be available for public inspection in the office of the community development director.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 9.6 Special Exceptions.
9.6.1
Authorized Special Exceptions.
Only those special exceptions expressly authorized in this zoning ordinance may be approved as special exceptions.
9.6.2
Authority to File.
Applications for special exception approval may be filed only by the owner of the subject property or by the property owner’s authorized agent.
9.6.3
Application Filing.
Complete applications for special exceptions must be filed with the community development director.
9.6.4
Community Development Director Review.
Following receipt of a complete application, the community development director must prepare a report on the requested special exception. The report must be transmitted to the board of adjustment before their required public hearing.
9.6.5
Board of Adjustment Hearing and Decision.
A.
The board of adjustment must hold a public hearing on the special exception request.
B.
Notice of the board of adjustment’s public hearing must be given to all parties in interest and published and mailed at least 10 days before the public hearing, in accordance with Section 9.1.7.
C.
Following the close of the public hearing, the board of adjustment must act to approve the requested special exception, approve the special exception with conditions, or deny the special exception request based on the applicable standards and review criteria of Section 9.6.6.
D.
Approval of a special exception requires an affirmative vote of at least 4 members of the board of adjustment.
E.
In approving a special exception, the board of adjustment is authorized to impose such conditions and restrictions as the board determines to be necessary to ensure compliance with the standards and criteria of Section 9.6.6, to reduce or minimize the effect of the special exception upon other properties in the area, and to better carry out the general purpose and intent of this zoning ordinance.
9.6.6
Standards and Review Criteria.
A special exception may be approved by the board of adjustment only if the board determines that all of the following criteria are met:
A.
The special exception is expressly authorized under this zoning ordinance and satisfies applicable standards for approval;
B.
The development or activity allowed by the special exception will be in keeping with purposes of this zoning ordinance; and
C.
The proposed special exception will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
9.6.7
Filing and Effect of Decisions.
A.
Written decisions of the board of adjustment must be filed promptly following the board’s action and be open to public inspection. Written decisions must describe the action taken, the vote of each board member participating and the reasons for such action, specifying the manner in which the applicant satisfied or failed to satisfy each of the applicable standards and review criteria of Section 9.6.6.
B.
The board of adjustment’s decision on a special exception becomes final and effective after the board’s written decision is filed in the board office.
9.6.8
Transferability.
Approved special exceptions run with the land and are not affected by changes of tenancy, ownership, or management.
9.6.9
Amendments.
A request for changes in the specific nature of the approved special exception or changes to any conditions attached to an approved special exception must be processed as a new application, including all requirements for fees, notices and public hearings.
9.6.10
Appeals.
Appeals of board of adjustment decisions are taken to court in accordance with Section 10.1.4.H.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 9.7 Variances.
9.7.1
Intent.
A variance is a grant of relief to a property owner from strict compliance with the regulations of this zoning ordinance when such relief would not be contrary to the public interest, and when, due to the special conditions of the subject property, literal enforcement of the zoning ordinance would result in an unnecessary hardship. The intent of a variance is not to simply remove an inconvenience or financial burden, but rather to alleviate an unnecessary hardship that would result if strict compliance with one or more zoning regulations was required.
9.7.2
Authorized Variances.
The board of adjustment is authorized to grant a variance to any regulation in this zoning ordinance in accordance with the variance procedures of this section, except that the variance procedures may not be used to do any of the following:
A.
Allow a principal or an accessory use in a zoning district that is not otherwise allowed in that zoning district (i.e., “use variances” are prohibited);
B.
Allow an accessory use on a lot that is not occupied by the principal use that such accessory use serves;
C.
Waive, modify or amend any definition or use classification;
D.
Waive, modify or otherwise vary any of the review and approval procedures of this zoning ordinance;
E.
Waive, vary, modify or otherwise override a condition of approval or requirement imposed by an authorized decision-making body or the state or federal government; or
F.
Waive, vary or modify applicable residential density regulations, provided that this provision is not intended to prohibit variances to minimum lot area or width requirements that apply to lots occupied by a single dwelling unit.
9.7.3
Authority to File.
Variance applications may be filed only by the owner of the subject property or by the property owner’s authorized agent.
9.7.4
Application Filing.
Complete applications for variances must be filed with the community development director.
9.7.5
Community Development Director Review.
Following receipt of a complete application, the community development director must prepare a report on the requested variance. The report must be transmitted to the board of adjustment before the required public hearing.
9.7.6
Board of Adjustment Hearing and Decision.
A.
The board of adjustment must hold a public hearing on the variance request.
B.
Notice of the board of adjustment’s public hearing must be given to all parties in interest and published and mailed at least 10 days before the public hearing, in accordance with Section 9.1.7.
C.
Following the close of the public hearing, the board of adjustment must make its findings and act to approve the requested variance, approve the variance with conditions, or deny the variance request based on the applicable standards and review criteria of Section 9.7.7.
D.
Approval of a variance requires an affirmative vote of at least 4 members of the board of adjustment.
E.
In approving a variance, the board of adjustment is authorized to impose such conditions and restrictions as the board determines to be necessary to ensure compliance with the standards and criteria of Section 9.7.7, to reduce or minimize the effect of the variance upon other properties in the area, and to better carry out the general purpose and intent of this zoning ordinance.
F.
Decisions of the board of adjustment must be supported by a written testimony or evidence.
9.7.7
Standards and Review Criteria.
No variance may be approved unless the board of adjustment determines that all of the following facts have been established by the owner of the subject property:
A.
Literal enforcement of the ordinance will result in an unnecessary hardship;
B.
The hardship is not self-imposed or of the subject property owner’s own making;
C.
The condition is unique to the subject property and not common to other properties within the area;
D.
The variance, if granted, will not alter the essential character of the neighborhood or otherwise have a significant negative impact on adjacent properties;
E.
The requested variance, if granted, will not be contrary to the public interest or to orderly development in the area.
9.7.8
Filing and Effect of Decisions.
A.
Written decisions of the board of adjustment must be filed promptly following the board’s action and be open to public inspection. Written decisions must describe the action taken, the vote of each board member participating and the reasons for such action, specifying the manner in which the applicant satisfied or failed to satisfy each of the applicable standards and review criteria of Section 9.7.7.
B.
The board of adjustment’s decision on a variance becomes final and effective after the board’s written decision is filed in the board office.
9.7.9
Transferability.
Approved variances run with the land and are not affected by changes of tenancy, ownership, or management.
9.7.10
Amendments.
A request for changes in the specific nature of the approved variance or changes to any conditions attached to an approved variance must be processed as a new variance application, including all requirements for fees, notices and public hearings.
9.7.11
Appeals.
Appeals of board of adjustment decisions are taken to court in accordance with Section 10.1.4.H.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 9.8 Appeals of Administrative Decisions.
9.8.1
Authority.
Except as otherwise expressly stated in this zoning ordinance, the board of adjustment is authorized to hear and decide all appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the community development director or any other administrative official in the administration, interpretation or enforcement of this zoning ordinance.
9.8.2
Right to Appeal.
Appeals of administrative decisions may be filed by any person aggrieved by the administrative official’s decision or action. The board of adjustment is authorized to make determinations about whether individuals filing appeals are “aggrieved” by the decision or action.
9.8.3
Application Filing.
Appeals of administrative decisions must be filed with the community development director within 15 days of the date of the decision being appealed.
9.8.4
Effect of Filing.
The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the community development director or the administrative official who made the decision being appealed certifies to the board of adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property, in which case the proceedings will not be stayed unless by a restraining order, which may be granted by the board of adjustment or by a court of record based on due cause shown.
9.8.5
Record of Decision.
Upon receipt of a complete application of appeal, the community development director or other administrative official whose decision is being appealed must transmit to the board of adjustment all papers constituting the record related to decision being appealed
9.8.6
Hearing and Final Decision.
A.
The board of adjustment must hold a public hearing on the appeal.
B.
Notice of the board of adjustment’s public hearing must be given to all parties in interest and published and mailed at least 10 days before the public hearing, in accordance with Section 9.1.7.
C.
Following the close of the public hearing, the board of adjustment must make its findings and take action on the appeal.
D.
In exercising the appeal power, the board of adjustment has all the powers of the administrative official from whom the appeal is taken. The board of adjustment may affirm or may, upon the concurring vote of at least 4 members, reverse, wholly or in part, or modify the decision being appealed.
E.
In acting on the appeal, the board of adjustment must grant to the official’s decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
9.8.7
Review Criteria.
The decision being appealed may be reversed or wholly or partly modified only if the board of adjustment finds that the community development director or other administrative official erred.
9.8.8
Appeals.
Appeals of board of adjustment decisions are taken to court in accordance with Section 10.1.4.H.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 9.9 Certificates of Occupancy and Compliance.
9.9.1
Applicability.
A certificate of occupancy and compliance must be obtained before any nonresidential building or site is used, occupied, or changed to another use.
9.9.2
Issuance.
Applications for certificates of occupancy and compliance must be submitted to the community development director. The community development director is authorized to issue the requested certificate of occupancy and compliance after determining that the use, occupancy, or change in use has been completed in full compliance with all applicable regulations. The certificate must be posted in a public location in the place of business.
9.9.3
Record.
A record of all certificates of occupancy and compliance must be maintained in the office of the community development director and be available for public inspection during normal office hours.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
§ 9.10 Fence and Wall Permits.
A.
A fence or wall permit must be obtained for all new fences and walls and for any repair or replacement of a fence or wall that affects more than 25% of the total existing fence or wall length on any one side. Retaining walls less than 48 inches in height are exempt from this permit requirement.
B.
Plans and specifications for all installation, repair or replacement of fences, walls and retaining walls must be submitted to the community development director. Applications for retaining walls more than 3 feet in height must be accompanied by a detailed drawing of the construction of the wall, signed and sealed by a professional engineer registered in Texas.
C.
If the application and the accompanying plans and specifications comply with all applicable regulations, the community development director must issue the permit. Fence or wall permits must be reviewed and approved, or disapproved with a statement of the reasons for disapproval, by the community development director within 10 days of receipt of a complete fence or wall permit application.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)