(a)

Organization and appointment. There is hereby created a planning and zoning commission which shall be organized, appointed, and function as follows:

(1)

Membership. The planning and zoning commission shall consist of five members and up to two alternate members who are residents of the city or its extraterritorial jurisdiction, except that a maximum of one member and one alternate member may reside outside of the city limits and outside of the extraterritorial jurisdiction of the city but must reside within the geographic boundary of the Van Alstyne Independent School District. Each member and each alternate member shall be appointed by the city council for a term of two years and may be removed by the city council at any time without cause. Appointees (both members and alternate members) shall fill positions which shall be designated by place numbers (e.g., place 1, place 2, alternate 1, alternate 2 etc.). Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause in the same manner as the original appointment was made. The two alternate members of the planning and zoning commission shall serve in the absence of one or more of the regular members when requested to do so by the chairman of the planning and zoning commission. In the event that only one alternate member is needed to serve during a meeting, alternate member 1 shall be asked to serve first. If alternate member 1 is not available or declines, then alternate member 2 will be asked to serve for that meeting.

(2)

Terms. The terms of members filling places 1 and 3, shall expire September 30 every third year commencing in 2023, members filling places 2 and 4, shall expire September 30 every third year commencing in 2024, and members filling place 5 and alternate places 1 and 2, shall expire September 30 every third year commencing in 2022. Commissioners may be appointed for any number of terms by the city council. Newly appointed members and alternate members shall be installed at the first regular commission meeting after their appointment.

(3)

Organization. The commission shall hold an organizational meeting in July of each year. The commission shall meet regularly and shall designate the time and place of its meetings. The commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this chapter and the requirements of law. The planning and zoning commission shall elect a chairman and a vice chairman from its own membership at its annual organizational meeting. The vice chairman shall serve as chairman in the event that the chairman is absent.

(4)

Quorum and compensation. A quorum for the conduct of business shall consist of three members or alternate members of the commission. The members shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.

(b)

Duties and authority. The planning and zoning commission is hereby charged with the duty and invested with the authority to:

(1)

Formulate and recommend to the city council for its adoption a city plan for the orderly growth and development of the city and its environs and annually recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the city.

(2)

Formulate a zoning plan as may be deemed best to carry out the goals of the city plan; hold public hearings and make recommendations to the city council relating to the creation, amendment, and implementation of city zoning regulations and districts as authorized under state law.

(3)

Exercise all powers of a commission as to approval or disapproval of plans, plats, or replats as authorized under state law.

(4)

Study and recommend the location, extension, and planning of public rights-of-way, parks, or other public places, and on the vacating or closing of same.

(5)

Study and make recommendations regarding the general design and location of public buildings, bridges, viaducts, street fixtures, and other structures and appurtenances.

(6)

Initiate, in the name of the city, proposals for the opening, vacating, or closing of public rights-of-way, parks, or other public places and for the change of zoning district boundaries on an area-wide basis.

(7)

Formulate and recommend to the city council for its adoption policies and regulations consistent with the adopted city plan governing the location or operation of utilities, public facilities, and services owned or under the control of the city.

(8)

Submit each June a progress report to the city council summarizing its activities for the past year and a proposed work program for the coming year.

(Ord. No.907, § 3, 6-8-2021;Ord. No. 951, § 3, 6-14-2022)

(a)

City council to act as zoning board of adjustment. The city council shall act as the zoning board of adjustment of the city.

(b)

Powers and duties of board.

(1)

Appeals based on error. Acting as the zoning board of adjustment, the city council shall have the power to hear and decide:

a.

Appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official of the city in the enforcement of this chapter;

b.

Special exceptions to the terms of this chapter when the ordinance requires the board of adjustment to do so;

c.

Authorize a variance from the terms of this chapter as allowed by state law; and

d.

Other matters authorized by ordinance.

(2)

Limitation on reapplications. When the city council acting as the zoning board of adjustment has denied a proposal, no new applications of similar nature shall be accepted by the council or scheduled for 12 months after the date of council denial. Applications which have been withdrawn at or before the council meeting may be resubmitted at any time for hearing before the council.

(3)

Vote of four members required. The concurring vote of four members of the city council acting as the zoning board of adjustment 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; or

c.

Authorize a variation from the terms of a city zoning regulations.

(c)

Appeals.

(1)

Procedure. Appeals may be taken to and before city council acting as the zoning board of adjustment by any person aggrieved, or by any officer, department, board, or bureau in the city. Such appeal shall be made by filing in the office of the city clerk a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the council all of the papers constituting the record from which the action appealed was taken.

(2)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the city council acting as the zoning board of adjustment that, by reason of facts in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted or by a court of equity, after notice to the office from whom the appeal is taken.

(3)

Notice of hearing on appeal. The council shall fix a reasonable time for the hearing of the appeal or other matter referred to it. At least ten days prior to the public hearing, notices of such hearing shall be mailed to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, such owners being determined according to the last approved city tax roll. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.

(4)

Decision by board. The council shall decide the appeal within a reasonable time upon the hearing. Any party may appear in person or by agent or attorney. The council may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.

(d)

Variances. The city council acting as the zoning board adjustment shall have the power to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done, including the following:

(1)

Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of the provisions due to an irregular shape of the lot or topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.

(2)

Authorize, upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the construction or alterations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this chapter as are in harmony with its own general purpose and intent, but only when the council is satisfied that granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this chapter and at the same time, the surrounding property will be properly protected.

(3)

The city council acting as the zoning board of adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the building inspector in the enforcement of this chapter. Except as otherwise provided herein, the council shall have, in addition, the following specific powers:

a.

To permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the master plan and present no conflict or nuisance to adjacent properties.

b.

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

c.

To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of the ordinance from which this chapter is derived.

d.

To permit the change in use of property from one nonconforming use to another nonconforming use in accordance with section 46-156(b) of this chapter.

e.

To waive or reduce the parking and loading requirements in any of the districts, when:

1.

The character or use of the building is such as to make unnecessary the full provision of parking or loading facilities; or

2.

Such regulations would impose an unreasonable hardship upon the use of the lot.

f.

The city council acting as the zoning board of adjustment shall not waive or reduce such requirements merely for the purpose of granting an advantage or a convenience.

(4)

A written application for variance shall be submitted together with the required fee, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating:

a.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district;

b.

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

c.

That the special conditions and circumstances do not result from the actions of the applicant;

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district; and

e.

No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

(e)

Changes.

(1)

The city council acting as the zoning board of adjustment shall have no authority to change any provisions of this chapter and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The council may not change the district designation of any land either to a more or less restrictive zone.

(2)

It is the intent of this section that all questions of interpretation and enforcement shall be first presented to the administrative official, that such questions shall be presented to the city council acting as the zoning board of adjustment only on appeal from the decision of the building official and that recourse from the decisions of the city council acting as the zoning board of adjustment shall be to the courts as provided by the laws of the state.

(Ord. No. 907, § 3, 6-8-2021)

(a)

Declaration of policy and review criteria. The city declares the enactment of these regulations governing the use and development of land, buildings, and structures to be a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

(1)

To correct any error in the regulations or map.

(2)

To recognize changed or changing conditions or circumstances in a particular locality.

(3)

To recognize changes in technology, style of living, or manner of doing business.

(4)

In making its determination, the planning and zoning commission and city council shall consider the following factors:

a.

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the city as a whole.

b.

Whether the proposed change is in accordance with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers and other utilities to the area and shall note the findings.

c.

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances which may make a substantial part of such vacant land unsuitable for development.

d.

The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.

e.

The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified.

f.

Any other factors which will substantially affect the public health, safety, morals or general welfare.

(b)

Authority to amend chapter. The city council may from time to time, after receiving a final report thereon by the planning and zoning commission and after holding public hearings as required by law, amend, supplement, or change the regulations herein provided or the classification or boundaries of the zoning districts. Any amendment, supplement, or change to the text of this chapter and any change in the classification or boundaries of the zoning districts may be ordered for consideration by the city council, may be initiated by the planning and zoning commission, the city council, or may be requested by the owner of affected real property or the authorized representative of an owner of affected real property.

(c)

Planning and zoning commission public hearing and notice.

(1)

Upon filing of an application for an amendment to the city zoning regulations or map, the planning and zoning commission shall call a public hearing on the application.

(2)

For zoning or rezoning requests involving real property:

a.

Written notice of the purpose, time and place of each hearing shall be sent to the owner of the property or his agent and to all owners of real property lying within 200 feet of the property on which the change in classification is proposed. The notice shall be given not less than the tenth calendar day before the date of such hearing, to all such owners as the ownership appears on the last approved city tax roll. The notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.

b.

Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, notice to such owners shall be given by one publication in the official newspaper not less than 15th calendar days before the date of the hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.

c.

Before the tenth day before the hearing date, written notice of the purpose, time and place of each public hearing on a proposed change in a zoning classification affecting residential or multifamily zoning shall be sent to each school district in which the property for which the change in classification is proposed is located. This notice shall be served by deposit, properly addressed with postage paid, in the United States mail. Failure of a school district to receive notice of hearing shall in no way affect the validity of action taken.

d.

The applicant for a zoning or rezoning request involving real property shall have at least one sign per street frontage erected on the property to be rezoned; such sign shall be erected in accordance with section 32-84 of the city Code of Ordinances.

(3)

Changes in the zoning ordinance text that do not change zoning district boundaries do not require written notification to individual property owners. Notice of the purpose, time and place of the public hearing conducted by the planning and zoning commission must be published in the city's official newspaper at least 15 days before the date of the public hearing. This notice may be combined with the notice of public hearing before the city council so long as the single publication is not less than 15 days before the date of both the commission public hearing and the city council public hearing.

(4)

If, at the conclusion of the hearing, the planning and zoning commission recommends amendment of this chapter to the city council, the recommendation shall be by resolution of the planning and zoning commission carried by the affirmative votes of not less than a majority of its total membership present and voting. A copy of any recommended amendment shall be submitted to the city council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.

(5)

If, after public hearing, the planning and zoning commission recommends denial of an application, the applicant may appeal the determination to the city council by filing a written notice of appeal with the city clerk within ten days after the determination of the planning and zoning commission.

(6)

The planning and zoning commission may recommend denial of an application with or without prejudice against the applicant to refile the application. If the commission recommends denial of the application and fails to clearly state the same is being denied with prejudice, then it shall be deemed that the application is being recommended for denial without prejudice against refiling. If it is later determined by the commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given agricultural zoning is exempt from the one-year waiting period.

(d)

Action of the city council.

(1)

If the planning and zoning commission has recommended approval of an application or if the planning and zoning commission has recommended denial of an application and a notice of appeal has been filed pursuant to subsection (c) of this section, the city council shall set the application for public hearing and shall give notice of the time and place of the hearing by one publication in the official newspaper at least 15 calendar days prior to such hearing.

(2)

If the planning and zoning commission has recommended to the city council that a proposed amendment be disapproved, the city council may refuse to adopt the amendment by a simple majority vote of the council members present and voting. However, in order to adopt the amendment which has been recommended for disapproval by the planning and zoning commission, the amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council present and voting.

(3)

When the planning and zoning commission has recommended to the city council that a proposed amendment be approved, the city council may disapprove the petition or application for amendment by a simple majority vote of the city council members present and voting. In the event of a tie vote of the city council members present and voting, the mayor may cast the deciding vote.

(4)

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

(5)

In considering a motion to deny a zoning application, or upon voting to deny a zoning application, the city council shall further consider whether the application shall be denied with or without prejudice against refiling. If the city council shall deny the application and fail to clearly state the same is being denied with prejudice, then it shall be deemed that the application is being denied without prejudice against refiling. If an application is denied with prejudice, no application may be filed for all or a part of the subject tract of land for a period of one year from the date of denial by the city council. If it is determined by the planning and zoning commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given agricultural zoning is exempt from the one-year waiting period.

(e)

Effect of denial of petition.

(1)

In case an application for an amendment to this chapter is denied by the planning and zoning commission, and no appeal therefrom is taken to the city council, or in case an application for an amendment to this chapter is denied by the city council (in either of the events), the application shall not be eligible for reconsideration for one-year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the planning and zoning commission, to be eligible for consideration within one year of the denial of the original application.

(2)

In the event a reapplication affecting the same land is for a zone that will permit the same use of the property as that which would have been permitted under the denied application, the same shall not be considered as being substantially different from the application denied.

(f)

Final approval and ordinance adoption. If the amending ordinance is not approved within six months from the time of its original consideration, the zoning request, at the option of the city council, may be recalled for a new public hearing.

(Ord. No. 907, § 3, 6-8-2021)

(a)

Savings/repealing. By the passage of this chapter, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. Should any part of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this chapter shall remain in full force and effect. All provisions of any ordinance in conflict with this chapter are hereby repealed; but such repeal shall not abate any pending prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.

(b)

Severability. Should any section, subsection, sentence, clause or phrase of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this chapter shall remain in full force and effect. The city hereby declares that it would have passed this chapter, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases be declared unconstitutional or invalid.

(c)

Estoppel/waiver. The failure of the city to enforce any term or condition of this chapter shall not constitute a waiver or estoppel or any subsequent violation of this chapter.

(Ord. No. 907, § 3, 6-8-2021)