The ordinance [from which this chapter is derived] was prepared under the authority of chapter 211, Texas Local Government Code, to promote health, safety, and morals, and for the protection and preservation of places and areas of historical and cultural importance and significance, or the general welfare of the community, and the legislative body is empowered to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of the yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purpose, and, in the case of designated places and areas of historic and cultural importance, to regulate and restrict the construction, alteration, reconstruction or razing of buildings and other structures.

(Ord. No. 242-2001, § 1, 2-19-2001)

These zoning regulations are made in accordance with the spirit of the comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. These regulations are made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(Ord. No. 242-2001, § 2, 2-19-2001)

(a)

Rules for words and phrases. For the purposes of this chapter, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory, not directory; the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, foundation, company, or corporation, as well as, an individual; the word "used" includes "designed and intended or arranged to be used;" the word "building" includes the word "structure"; the word "lot" includes "building lot" or parcel. Wherever this chapter imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of this chapter shall govern.

(b)

For the purpose of this chapter, certain terms and words are defined and shall have the meanings ascribed in this chapter unless it is apparent from the context that different meanings are intended.

Accessory building means a subordinate building, the use of which is incidental to that of the main building on the same lot.

Administrative official means the city secretary or other designated authority charged with the administration and enforcement of this chapter, or duly authorized representative.

Alley means a public minor way which is used primarily for secondary vehicular service access to the back or side of properties otherwise abutting on a street or highway.

Apartment means a room or suite of rooms in an apartment house arranged, designed or occupied as a dwelling unit residence by a single family, individual, or group of individuals living together as a single housekeeping unit.

Apartment hotel means an apartment house which furnishes services for the use of tenants which are ordinarily furnished by hotels.

Apartment house means any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more apartments or dwelling units, or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities.

Automobile repair, major, means any area used for general repair, rebuilding or reconditioning of engines, motor vehicles, trailers; collision services, including body, frame or fender straightening or repair; paint shop; or vehicle steam cleaning.

Automobile repair, minor, means any area used for minor repair or replacement of parts, tires, tubes, or batteries and minor motor services, such as, grease, oil, spark plug and filter changing of passenger cars and trucks not exceeding 1½ tons capacity, but not including any operation named under "automobile repair, major" or any other similar use thereto.

Automobile sales area means an open area or lot used for the display or sale of automobiles, where no repair work is done.

Automobile service station means any building and/or premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, including the servicing of vehicles designed or calculated to be performed by the customer. In addition, the following services may be rendered and sales made, and no other:

(1)

Sale and service of spark plugs, batteries and distributors and distributor parts;

(2)

Tire servicing and repair, but not recapping or regrooving;

(3)

Replacement or adjustment of automobile accessories;

(4)

Radiator cleaning and flushing; provision of water, anti-freeze and other additives;

(5)

Washing and polishing and sale of automotive washing and polishing materials;

(6)

Greasing and lubrication;

(7)

Providing and repairing fuel pumps, oil pumps and lines;

(8)

Servicing and repairing of carburetors;

(9)

Adjusting and repairing brakes;

(10)

Emergency wiring repairs;

(11)

Motor adjustments, not involving removal of head or crankcase;

(12)

Trailer rental;

(13)

Provision of cold drinks, packaged foods (including restaurants), tobacco and similar convenience goods for customers, but only as accessory and incidental to the principal operation;

(14)

Provision of road maps and other information material;

(15)

Provision of restroom facilities;

(16)

Parking lot, as an accessory use; and

(17)

Wrecker service.

Uses permissible at a service station do not include body work, transmission or brake overhauling, straightening of frames or body parts, team cleaning, painting, welding, storage of automobiles not in operating condition, nor the operation of a commercial garage as an accessory use.

Automobile wash or laundry. See definition for Car wash.

Basement means a building story, the floor line of which is below grade at any entrance or exit, but may have at least one-half of its height above the average level of the adjoining grade level.

Block means that property abutting on one side of a street and lying between the nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such street.

Boardinghouse or lodginghouse means a dwelling wherein lodging or meals for three or more persons, not members of the principal family therein, is provided for compensation, but not including a building in which ten or more guestrooms are provided.

Building means any roofed structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yards.

Building height means the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

Building line means a line parallel or approximately parallel to the street line, at a specific distance therefrom, marking the minimum distance from the street line that a building may be erected.

Building official. See definition for Administrative official.

Car wash means a facility where a customer can have a motorcycle, automobile and light load vehicle washed in exchange for financial consideration.

Cemetery means land used, or intended to be used, for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery.

Certificate of occupancy means an official certificate issued by the city secretary which indicates conformance with, or approved conditional waiver from, the zoning regulations and authorized legal use of the premises for which it is issued.

City means the City of Venus, Johnson and Ellis Counties, Texas.

Clinic means a public or private, profit or nonprofit facility for the reception and treatment of outpatient persons, physically or mentally ill, injured, handicapped or otherwise in need of physical or mental diagnosis, treatment, care or similar service.

Club means a nonprofit association of persons who are bona fide members, paying regular dues, and are organized for a common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Club, private (class I), means an establishment or enterprise wherein activities are carried on by, or for a group or association, of dues-paying members organized for some common purpose, no alcoholic beverages being sold.

Club, private (class II), means a club, as defined above, except such establishments shall have been issued an alcoholic beverage permit by the Texas Alcoholic Beverage Commission are not allowed in the city in any zoning district.

Community center, public, means any building and grounds owned and operated by the governmental body for the social, recreational, health and welfare of the community served.

Conditional use means any building, structure, and use which complies with the applicable regulations and standards governing conditional uses of the zoning district in which such building, structure, and use is located, and for which a permit is granted.

Convalescent (rest) home means a home designed for the care of patients after they leave the hospital, but before they are released from observation and treatment.

Convenience store. See Neighborhood convenience center.

Court means an open, unoccupied space on the same lot with a building, and bounded on two sides by such building, or the open space provided for access to a dwelling group.

Data center. A data center is a structure that houses a large grouping of network computer servers typically used by businesses, governments, and organizations for remote storage, processing, and distribution of large amounts of data. This definition may include additional electrical substation requirements to be considered and allowed as a component of the primary data center use.

Display sign means a structure that is arranged, intended, designed or used as an advertisement, announcement or direction, including sign, billboard and advertising device of any kind.

District means a portion of the territory of the city, within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter. The term "R district" shall mean any AG, MH, MHS R-1L, R-1, R-1S, R-2, R-3, or R-4 district; the term "I district" shall mean any I-1 or I-2 district; and the term "C district" shall mean any C-1, C-2 or CB district.

Dwelling group means a group or row of dwellings, each containing one or more dwelling units, and all occupying one lot (as defined in this section) or site, and having a court in common; including a bungalow court or apartment court, but not including an automobile court or automobile camp.

Dwelling unit means a room, or a group of rooms, including cooking accommodations, occupied by one family, and in which not more than two persons, other than members of the family, are lodged or boarded for compensation at any one time.

Dwelling unit, multiple, means a building containing three or more dwelling units.

Dwelling unit, single-family, attached, means a dwelling which is joined to another dwelling at one or more sides by a party wall or abutting separate walls, and is designed for occupancy by one family, and is on a separate lot delineated by front, rear and side lot lines.

Dwelling unit, single-family, detached, means a building containing one dwelling unit, and located on a lot or separate building tract, and having no physical connection to a building on any other lot.

Dwelling unit, two-family, means a building containing two dwelling units.

Essential services means the erection, construction, alteration, or maintenance by public utilities or by governmental departments or commissions of such underground or overhead gas, electrical, steam, or water transmission or distribution systems and structures, collection, communication, supply or disposal systems and structures, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, street lights, traffic signals, hydrants and other similar equipment, and accessories in connection therewith, but not including buildings or microwave radio relay structures, as are reasonably necessary for the furnishing of adequate service by such public utilities or governmental departments or commissions, or as are required for protection of the public health, safety, or general welfare. For the purpose of this definition, the term "building" does not include "structures" for essential services.

Family means one or more persons, related by blood, marriage or adoption, occupying a dwelling unit as a single, nonprofit housekeeping unit, but not including a group occupying a hotel, boardinghouse, club, dormitory, fraternity or sorority house.

Farm means an area of three acres or more which is used for the growing of the usual farm products, such as vegetables, fruit, trees and grain, and storage on the area, as well as the raising thereon of the usual farm poultry and farm animals, such as horses, cattle and sheep, including dairy farms with necessary accessory uses, and is used for treating and storing the produce; provided, however, that the operation of such accessory shall be secondary to that of the normal activities.

Floodplain means the relatively flat lowlands adjoining the channel of a river, stream or watercourse which has been, or may be, covered by floodwater. Any land covered by the water of a 100-year frequency storm is considered in the floodplain and must comply with the Army Corps of Engineers requirements.

Frontage means all the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or city boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. Where a lot abuts more than one street, the planning and zoning commission shall determine the frontage for purposes of this chapter.

Garage, private, means an accessory building, or portion of a main building on the same lot, and used for the storage only of private passenger motor vehicles, not more than two of which are owned by others than the occupants of the main building.

Garage, public, means a building or portion of a building, except that defined in this section as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire, in which any sale of gasoline, oil, and accessories is only incidental to the principal use.

Garage, repair, means a building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto-wrecking establishments or junkyards.

Garden apartment means a multifamily dwelling unit with not more than 2½ stories. The building generally has private outdoor space, either on grade or a private balcony.

Grade means, when used as a reference point in measuring height of building, the average elevation of the finished ground at the exterior walls of the main building.

Gross floor area means the living area of a building, including the walls thereof, but excluding all porches, open breezeways and garages.

Height of building means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to a point midway between elevation of the eaves and elevation of the ridges for gable, hip and gambrel roofs.

Home occupation means any occupation, customarily conducted for gain or support, entirely within a dwelling, by a member of a family while residing therein, and which is clearly incidental and secondary to the residential use of the premises, and does not change the character thereof.

Hospital may be a public or private, profit or nonprofit institution for the reception and treatment of the physically or mentally handicapped, sick or injured, and shall be distinguished by its inpatient facilities. It may also be an institutional sanctuary for the reception of the aged, or for the physically or mentally ill, retarded, infirm or deficient. Permitted accessory uses shall include medical and psychiatric clinics, doctors' offices, sale of medical and surgical specialties and supplies, crutches, artificial members and appliances, training in the use of artificial members and appliances, patient and out-patient services, pharmacies, gift shops, flower shops and similar uses; provided, however, that any such accessory use is so use-wide related to the principal use as to be in fact an integral part of the total purpose, and is incorporated within the same building or building complex; and provided further, that the floor area occupied by all accessory uses does not exceed⅓ of the total floor area. Whether or not a questionable use is "similar" or an "integral" part of the total purpose shall be subject to determination by the board of adjustment. Hospital related x-ray and laboratory facilities shall not be considered accessory uses in computation or area occupancy.

Hotel means a building, or portion thereof, in which ten or more guestrooms are provided for occupancy for compensation by transient guests.

Industry means the storage, repair, manufacture, preparation or treatment of any article, substance or commodity.

Junkyard or salvage yard means any area used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials or goods, or used for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery, or parts thereof.

Kennel means any structure or premises on which more than three dogs, over six months of age and/or more than one litter, are kept.

Land use plan means the long-range plan for the desirable use of land in the city, as officially adopted, and as amended from time to time by the city council, the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs; in the subdividing and use of undeveloped land; and in the acquisition of rights-of-way or sites for public purposes, such as streets, parks, schools and public buildings.

Light load vehicle means a self-propelled vehicle having a Manufacturer's Recommended Gross Vehicle Weight (GVW) not greater than 11,000 pounds and having no more than two axles, such as pick-up trucks, vans, recreational vehicles (less than 32 feet in length), campers and other similar vehicles, but not including automobiles and motorcycles. A trailer as defined herein is considered a light load vehicle whether or not self-propelled.

Loading space means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

Lodginghouse means the same as boardinghouse.

Lot means the entire parcel of platted land occupied, or to be occupied, by a main building and its accessory buildings, or by a group, such as a dwelling group or automobile court and their accessory buildings, including the yards and open spaces required therefor by this title and other applicable law.

Lot, corner, means a lot abutting on two intercepting or intersecting streets where the interior angle of intersection or interception does not exceed 135 degrees.

Lot coverage means the total area of a lot occupied by the base (first story or floor) of buildings located on the lot.

Lot depth means the average depth from the front line of the lot to the rear line of the lot.

Lot, interior, means a lot other than a corner lot.

Lot lines means the property lines bounding a lot as defined in this section.

Lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerks of Johnson and Ellis Counties, or a parcel of land, the deed for which was recorded in the office of the county clerk, Johnson and Ellis Counties, prior to January 1, 1986.

Lot, through, means a lot having its front and rear lines on different streets, or having its front or rear line on a street and the other line on a river, lake, creek or other permanent body of water.

Lot width means the width measured at a distance back from the front line equal to the minimum depth required for a front yard.

Main building means a building in which is conducted the principal use of the lot on which it is situated.

Manufactured home, HUD-Code, means a structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. References in this chapter to "mobile homes" shall be taken to be references to HUD-Code Manufactured Home. Mobile homes, as defined in the Manufactured Housing Standards Act, Article 5221f, section 3(a), V.T.C.S., [V.T.C.A., Occupations Code § 1201.001 et seq.] shall not be used as dwelling units within the corporate limits of the city.

Manufactured home park or subdivision means a parcel of land which is owned by an individual, a firm, trust, partnership, public or private association or corporation, and has been developed for rental or sale of lots to persons with HUD-Code manufactured homes (mobile homes).

Manufactured home lot means that part of a parcel of land (manufactured home site) in a manufactured home park which has been reserved for the placement of one HUD-Code manufactured home (mobile home)

Mobile home. See Manufactured home, HUD-Code.

Modular home means a dwelling that is constructed in one or more modules at a location other than the home site, or is constructed utilizing one or more modular components, and which is designed to be used as a permanent residence when the modular components or modules are transported to the home site and are joined together, or are erected and installed on a permanent foundation system. The term "modular home" includes the plumbing, heating, air conditioning and electrical systems. It is expressly provided, however, that the term "modular home" shall not mean nor apply to:

(1)

Housing constructed of sectional or panelized systems not utilizing modular components;

(2)

Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location; or

(3)

Any HUD-Code manufactured home;

(4)

Any manufactured home, HUD-Code.

Motel means a building, or a group of two or more buildings, containing guestrooms or apartments, with automobile storage space provided in connection therewith, and used primarily for the accommodation of automobile travelers, including groups designated as auto cabins, motor lodges, motor courts, motels, and similarly designated groups.

Neighborhood convenience center means centers which carry convenience goods, such as groceries, drugs, hardware, and some variety items, and also includes some service stores. The neighborhood convenience center may contain one or two small apparel or shoe stores, but it is clearly dominated by convenience goods, which are items of daily consumption and very frequent purchase, sometimes called "spot necessity" items. This neighborhood-serving store group is within convenient walking distance of families served (within convenient driving range in low-density areas), with due consideration for pedestrian access and amenity of surrounding areas.

Nonconforming use means use of a building or land, which existed previously, that does not conform to the present regulations as to use for the district in which it is situated.

Nursing home means a structure or building where ill or elderly people are provided with lodging and meals, with or without nursing care.

Open space means that part of any lot or tract that is used for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas. Floodplains, or 50 percent of any standing surface water may be considered as open space, provided such open space is contiguous and part of the platted lot, and is maintained and utilized in the same manner and to the same degree as all other open space areas, as designated on the site plan as filed with the building permit application.

Parking area, private, means a permanently surfaced, open area for the same uses as a private garage.

Parking area, public, means a permanently surfaced, open area, other than a street, or other public way, used for parking of automobiles, and available to the public for a fee, free, or as an accommodation for clients or customers.

Parking space means a permanently surfaced area not less than 180 square feet (measured approximately nine feet by 20 feet), either within a structure or in the open, not on a public right-of-way, exclusive of driveways or access drives, for the parking of one vehicle.

Planned development means land under unified control, planned and developed as a whole in a single development operation or a definitely programmed series of development operations, including all lands and buildings, for principal and accessory structures and uses substantially related to the character of the district, according to comprehensive and detailed plans which include not only streets, utilities, and lots or buildings sites, but also site plans, floor plans, and elevations of all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of the district, but will not be provided, operated, or maintained at general public expense.

The term "planned development" is both a concept and a zoning classification which may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination thereof, which may be intended to serve areas within the district and areas without the district.

Private garage means an accessory building, housing vehicles owned and used by the occupant of the main building.

Recreational vehicle means a vehicular, portable structure designed to be transported over the highways, and containing living or sleeping accommodations; such structure being designed and actually used as a temporary dwelling during travel for recreation and pleasure purposes, and not exceeding eight feet in width.

Roominghouse means a dwelling occupied by a resident family or resident occupant, and three or more rent-paying persons.

Satellite dish means a device used to receive any satellite signal.

School, business or trade, means a business organized to operate for a profit and offering instruction and training in a service or art, such as a secretarial school, barber college, beauty school or commercial art school.

School, elementary or high means an institution of learning which offers instruction in several branches of learning and study required to be taught in the public schools. High schools include junior and senior grades.

Screening element (device) or suitably screened, as herein referred, means any of the following:

(1)

Any solid material constructed of brick, masonry, or of a concrete or metal frame, or wood, or base which supports a permanent type material, the vertical surface of which is not more than 30 percent open; or

(2)

Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition;

(3)

Landscaped earth berms may, when appropriate in scale, be considered and used as a screening element in lieu of a fence, wall, hedge, or other dense planting material.

Service stations. See definition for Automobile service station.

Shopping center means an area consisting of one acre or more, arranged according to a site plan, to be submitted to and to be approved by the planning and zoning commission and the city council, on which is indicated the amount of land to be devoted to the shopping center, the detailed arrangement of various buildings, parking area, streets and type of zoning desired. The installation of all utilities, drainage structure, paving of streets, parking area, alley, and installation of sidewalks shall be in accordance with the city specifications for each type of improvement.

Story means that portion of a building included between the surface of a floor and the surface of a floor next above it, or if there is no floor above it, then the portion of the building between the surface of a floor and the ceiling or roof above it. A basement shall be counted as a story for the purposes of height regulations, if the vertical distance from grade to the ceiling is more than seven feet.

Story, half, means the topmost story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

Street means a public or private thoroughfare which affords the principal means of access to abutting property.

Structural alteration means any change, addition, or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, roof joists, rafters, or trusses.

Towers, radio, television, or microwave, means structures supporting commercial antennae for transmitting or receiving any of the radio spectrum (includes structures used for satellites dishes).

Trailer (including automobile trailer and trailer coach) means any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade, or occupation or use as a selling, or advertising device, or use for storage or conveyance of tools, equipment, and machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.

Trailer park means any lot or part thereof, or any parcel of land, which is used or offered as a location for one or more trailers.

Thoroughfare means an officially designated, federal, state, or county numbered highway or other road or street designated as a primary thoroughfare on the official thoroughfare plan of the city.

Thoroughfare plan means the official thoroughfare plan of the city, adopted by the city council, establishing the location and official right-of-way width of principal highways and streets in the city, together with all amendments thereto subsequently adopted.

Townhouse or row house means three or more dwelling units attached by common vertical walls.

Use means the purpose for which land, or a building or structure thereon, is designed, arranged, intended or maintained, or for which it is or may be used or occupied.

Use, accessory, means a subordinate use on the same lot with the principal use and incidental and accessory thereto.

Used car lot means a lot or tract of land used for the sale, or display for sale, of two or more previously owned motor vehicles designed for use upon the public roads or for pleasure off public roads, but not including farm implements, manufactured homes, campers and recreational vehicles, or construction equipment, such as cranes, bulldozers and related equipment and trucks over one ton capacity.

Vehicle service center means a center for the repair and maintenance of, or diagnosis upon, motor vehicles, including tire installation, but not including the sale of gasoline, body work, or spray painting.

Yard means an open space, other than a court, on the same lot with a building.

Yard, front, means a yard extending across the full width of a lot and having a depth equal to the shortest distance between the front line of the lot and the nearest portion of the main building, including an enclosed or covered porch, provided that the front yard depth shall be measured from the future street line for a street on which a lot fronts, when such line is shown on the official map or is otherwise established.

Yard, rear, means a yard extending across the full width of a lot and having a depth equal to the shortest distance between the rear line of the lot and the main building.

Yard, side, means a yard between the side line of the lot and the main building extending from the front yard to the rear yard and having a width equal to the shortest distance between said side line and the main building.

Zoning map means the official zoning map of the city, together with all amendments subsequently adopted.

(Ord. No. 242-2001, § 4, 2-19-2001; Ord. No. 242-2001, § 5(J), 2-19-2001; Ord. No. 711-2020-10, § 7, 10-12-2020; Ord. No. 758-2022-06, § 1, 6-13-2022; Ord. No. 807-2024-08, § 1, 8-12-2024)

The owner or general agent of a building, premises, lot or parcel where a violation of any provision of the regulations of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than $1.00 or not more than $2,000.00, and each day any violation of noncompliance continues shall constitute a separate and distinct offense.

(Ord. No. 242-2001, § 35, 2-19-2001)

(a)

Administration. The city secretary, or designee, is hereby designated by the city council as the administrative official to supervise the administration and enforcement of this chapter. If the administrative official finds that any of the provisions of this chapter are being violated, the official shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The city secretary, or designee, shall order discontinuance of illegal use of land, buildings, or structures, removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, and discontinuance of any illegal work being done, or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

(b)

Interpretation and appeals. It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the zoning board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the zoning board of adjustment shall be to the courts as provided by law.

(c)

City council duties. It is further the intent of this chapter that the duties of the city council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this chapter. Under this chapter, the city council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law, and, of establishing a schedule of fees and charges as stated in subsection (d) of this section.

(d)

Fees. The city council shall, by resolution, establish a schedule of fees, charges, and expenses and a collection procedure for the administration, permits, certificates of occupancy, zoning change requests, zoning board of adjustment appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the zoning administrative official, and may be altered or amended only by action of the city council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. No. 242-2001, § 3, 2-19-2001)

The regulations set by the ordinance within each district shall be minimum regulations and shall apply uniformly to each class and kind of structure or land, except as hereinafter provided:

(1)

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, repaired, moved, or structurally altered except in conformity with all of the regulations specified in this chapter for the district in which it is located.

(2)

No building or other structure shall hereafter be erected or altered to exceed the height or bulk, to accommodate or house a greater number of families, or to occupy a greater percentage of lot area than that specified in this chapter for the district in which it is located.

(3)

No building or other structure shall have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required, or in any other manner contrary to the provisions of this chapter.

(4)

No part of a yard, other open space, off-street parking or loading space, required about or in connection with any building for the purpose of complying with this section, shall be included as a part of a yard, open space, off-street parking, or loading space similarly required for any other building.

(Ord. No. 242-2001, § 5(K), 2-19-2001)

(a)

Official zoning map. The city is hereby divided into zones, or districts, as shown on the official zoning map, which together with all explanatory matter thereon, is in existence and is hereby adopted and declared to be a part of this chapter.

(b)

Map certified. The official zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bearing the seal of the city under the following words: This is to certify that this is the official zoning map adopted as part of Ordinance No. 242-2001 of the City of Venus, Texas.

(c)

Location of map. The official zoning map shall be in the custody of, and shall remain on file in the office of the city secretary.

(d)

Public inspection of map. The official zoning map, or a copy, shall be available for public inspection for all matters which are of public record.

(e)

Amendment of official zoning map. When changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council.

(f)

Official zoning map replacement. The city council may, by ordinance, adopt a new official zoning map should the original reproducible tracing of the official zoning map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city secretary, and bearing the seal of the city under the following words: This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as a part of the zoning ordinance of the City of Venus, Texas.

(g)

Interpretation.

(1)

When the district boundaries are either roads or streets, unless otherwise shown, and where the designation of the district map indicates that the various districts are bounded by a road or street line, the centerline of such road or street shall be construed to be the district boundary line.

(2)

Where the district boundaries are not otherwise indicated and where property has been subdivided into lots and blocks, the subdivision boundaries shall be construed to be the boundary of the district.

(3)

Where the district boundaries are not otherwise indicated for unsubdivided property, the district boundaries are property lines or section lines, or quarter section lines, or quarter-quarter section lines.

(4)

Where district boundaries are disputed or not otherwise clearly designated, or where the physical or structural features are at variance with the official zoning map, or in other circumstances not covered in this section, the board of adjustment shall interpret the district boundaries.

(Ord. No. 242-2001, § 5(C)—(I), 2-19-2001)

(a)

[Purpose.] The purpose of the home occupation provision is to permit the conduct of home occupations which are compatible with the neighborhoods in which they are located. Home occupations are a permitted accessory use in all residential districts, and are subject to the requirements of the district in which the use is located, in addition to the following:

(1)

Only the members of the immediate family occupying the dwelling shall be engaged in the home occupation.

(2)

The home occupation shall be conducted only within the enclosed area of the dwelling unit or the garage.

(3)

No more than 25 percent of the area of one story of the principal building shall be devoted to the home occupation.

(4)

There shall be no exterior alterations which change the character thereof as a dwelling, other than those signs permitted in the district.

(5)

No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.

(6)

No use shall create smoke, glare, noise, dust, vibration, fire hazard, small electrical interference, or any other nuisance not normally associated with the average residential use in the district.

(7)

The home occupation shall not create any increase in vehicular flow or parking by more than two additional vehicles at a time and shall not create greater pedestrian traffic than normal for the district.

(8)

No more than one advertising sign with a maximum of four square feet of a non-illuminating nature may be placed on the main building.

(b)

Examples of home occupations. The following are examples of uses that can often be conducted within the limits of this section. Uses listed in this paragraph do not automatically qualify as a home occupation, nor does this listing limit the uses that may qualify as home occupations: handicraft, dressmaking, preserving, accountant, artist, author, consultant, individual tutoring (music lessons included), millinery, attorney, and realtor.

(c)

Prohibited uses. The following uses have a tendency to violate the provisions for home occupations, and thereby, impair the character of residential areas. Therefore, the uses specified shall not be permitted as accessory uses in residential districts: auto repairs, painting of vehicles or boats, private schools, photo studios, dance instruction, television repair, and child day care center.

(d)

Interpretation of home occupations. The board of adjustment shall interpret the provisions of this section to determine the validity of a home occupation. A use considered not within the scope of the home occupation provisions shall be subject to the provisions of the commercial zones of this chapter.

(Ord. No. 242-2001, § 5(P), 2-19-2001)

(a)

Annexed territory to be zoned AG. All territory, hereafter annexed to the city, shall be temporarily classified as AG Agricultural District until permanent zoning is established by the city council, except as provided in subsection (c) of this section]. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of the original zoning regulations.

(b)

Regulations for temporary AG districts. In an area temporarily classified as AG:

(1)

No person shall erect, construct or add to any building or structure, or cause same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the city, as required in this chapter.

(2)

No permit for the construction of a building or use of land shall be issued other than a permit which will allow construction of a building permitted in an AG district, unless and until such territory has been classified in a zoning district other than an agricultural district.

(3)

An application for a permit for any use, other than that specified above, shall be made to the administrative official and referred to the planning and zoning commission for consideration and recommendation to the city council. The planning and zoning commission, in making its recommendation, shall take into consideration the appropriate land use for the area and the overall plans for the city. The city council, after receiving and reviewing the recommendations of the planning and zoning commission may, by majority vote, authorize the issuance of a building permit or certificate of occupancy, or may disapprove the application as its findings may indicate appropriate in the public interest.

(c)

Concurrent rezoning and annexation. Application for permanent zoning of a newly annexed area may be considered by the city at the same time as the area is being considered for annexation.

(Ord. No. 242-2001, § 7, 2-19-2001)

(a)

It is recognized that new types of land use will develop, and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

(1)

The zoning administrative official shall refer the question of any new or unlisted use to the planning and zoning commission, requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts, listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, toxic material and vibration likely to be generated, and the general requirements for public utilities, such as, water and sanitary sewer.

(2)

The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts, and, after public hearing, determine the zoning district or districts within which such use should be permitted.

(b)

The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council may approve the recommendation of the planning and zoning commission or make such determination concerning the classification of such use, as is determined appropriate after giving consideration to the facts and recommendations.

(Ord. No. 242-2001, § 8, 2-19-2001)

(a)

After public hearing and proper notice, and after recommendation by the planning and zoning commission, the city council may authorize the issuance of conditional use permits when the council finds all of the following conditions present:

(1)

That the establishment, maintenance, or operation of the conditional use will not be materially detrimental to, or endanger, the public health, safety, morals, or general welfare;

(2)

That the uses, values and enjoyment of other property in the neighborhood, for purposes already permitted, shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the conditional use;

(3)

That the establishment of the conditional use will not significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

(4)

That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;

(5)

That adequate measures have been or will be taken to provide ingress or egress, so designed as to minimize traffic congestion in the public streets; and

(6)

That the conditional use shall conform to all applicable yard area regulations of the district in which it is located.

(b)

Prior to the granting of any conditional use, the city council may stipulate such conditions, restrictions, and duration upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to protect the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in subsections (1) through (6) of this section. In all cases in which conditional uses are granted, the council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. The granting of a conditional use does not create a right to the use, and the conditional use may be canceled at the city council's sole discretion.

(c)

No application for a conditional use which has been denied wholly or in part by the city council shall be resubmitted for a period of six months from the date of said denial.

(Ord. No. 242-2001, § 6, 2-19-2001)

(a)

Intent.

(1)

Within the districts established by this chapter, or amendments that may later be adopted, there exist lots and uses of lands, buildings and structures, uses of land and buildings in combination, and characteristics of use which were lawful before the ordinance [from which this chapter is derived] was passed and amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed. It is further the intent of this chapter that such nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other buildings and structures or uses prohibited elsewhere in the same district.

(2)

Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a building or structure, a nonconforming use of land, or a nonconforming use of buildings and land in combination shall not be extended or enlarged after passage of the ordinance [from which this chapter is derived] by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(b)

Nonconforming lots of record. In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective date of the ordinance [from which this chapter is derived]. This provision shall apply even when such lots fail to meet the minimum requirements for area, width, or both, as governed by section 34-61; however, all other provisions of section 34-61 shall apply. Any required variances shall be obtained only through the zoning board of adjustment.

(1)

Conformance, When.

a.

The lawful use of a building or land existing at the date of enactment of the ordinance [from which this chapter is derived], although such does not conform to the provisions hereof, may be continued, but if nonconforming use is discontinued for a period of six consecutive calendar months, it shall not thereafter be resumed and any future use of such building or land shall be in conformity with the provisions hereof.

b.

The use of land, if changed from a nonconforming use, shall be in conformity with the provisions of this chapter.

(2)

Repairs cost ceiling. The total structure repairs or alterations in a nonconforming building shall not, during its life, exceed 50 percent of the assessed value of the building unless changed to a conforming use. The use of a nonconforming building may be changed to another nonconforming use of the same or more restricted classification.

(3)

Extension, When. A nonconforming use of a building or land shall not be extended unless changed to a conforming use.

(4)

Classification changes.

a.

Whenever the nonconforming use of a structure is changed to a use of a more restricted classification, such use shall not thereafter be changed to a use of a less restricted classification.

b.

For the purpose of this regulation, uses permitted in R-1L districts shall be deemed to be those in the most restricted classification.

(5)

Restoration. A nonconforming structure destroyed or damaged by fire, flood, wind, earthquake, explosion or other casualty, or by the public enemy, to the extent where the cost of restoration would amount to less than 50 percent of its assessed value may be restored. If the damage is in excess of 50 percent of its assessed value or restoration is not started within a period of one year and carried diligently to completion, application for restoration shall be made to the board to permit such restoration. Property owners as shown by the city tax records on the effective date of the ordinance [from which this chapter is derived], shall be able to restore their property, regardless of the extent of destruction, without making application to the board. However, said restoration shall comply with all construction codes then in effect within the city.

(6)

Applicability. The provisions of this section shall apply to any use that may become nonconforming due to a change in the classification of the district in which located, from the effective date of the ordinance making the change.

(7)

Board-approved use conforms. Any use which is permitted in a district only upon action of the board of adjustments shall, upon its establishment, be considered a conforming use in that district, provided that this regulation shall not be so interpreted as to waive any conditions of a conditional permit for such use.

(8)

Time limits.

a.

After the adoption of this section, any nonconforming use that is hereinafter created by the passage of a zoning change shall be allowed to continue for a period of not more than three years. After that three-year period, the continued use will be in violation of this chapter and all future use of the property must be in compliance with then existing zoning requirements. It will not be a defense to prosecution under this chapter or future zoning ordinances that the use was a nonconforming use; the nonconforming statues will have expired.

b.

The city council may extend the nonconforming use status for an additional period up to five years beyond the first three-year period, if a request for hearing is filed with the city within 90 days of the zoning change and the city council finds that the failure to grant the extension would cause great financial hardship to the landowner for improvements to the property. The city council shall only consider the reimbursement of investment in improvements to the property such as construction, repair and remodeling of the property or structure and not the loss of income or profit in granting an extension which may be for less than five years.

c.

If the property when purchased or occupied was used for residential purposes and later an addition lawful zoning use of the property was added without discontinuing the residential use, then no extension may be granted unless there can be a showing that an expenditure on improvements was substantial and that those improvements are of no benefit to a residential use. Improvements or repairs done after the zoning change may not be considered.

d.

Nothing in this section or chapter shall be deemed to repeal Ordinance 194-96, section 2 or any time period running thereunder.

(Ord. No. 242-2001, § 27, 2-19-2001)

(a)

Duties and powers. The planning and zoning commission shall have all powers, discretion, and duties established by the V.T.C.A. Local Government Code chs. 211 and 212. The planning and zoning commission shall have the following additional responsibilities:

(1)

Provide analysis and recommendations to the city council regarding the Comprehensive Plan and other plans related to land use, thoroughfares, infrastructure, open space and recreation and related long-range growth policy per city council's direction; and amendments to this ordinance and to the zoning map.

(2)

Provide guidance to the city council in accomplishing coordinated, adjusted, and harmonious development of the City of Venus and its environs that will, in accordance with the present and future needs, best promote health, safety, order, convenience, and general welfare, as well as efficiency and economy in the process of development.

(3)

At the request of city council, the ability to conduct studies, analysis, and public hearings regarding amendments to relevant sections of this ordinance; the zoning map; the zoning districts; the City of Venus' Comprehensive Plan; any other applicable plans; or portion thereof for the purpose of recommending revision or adoption by the city council as required or permitted by the Texas Local Government Code.

(4)

In carrying out its duties the planning and zoning commission considerations may include, but are not limited to surveys of present conditions; projections of future growth of the City of Venus; Site plans of individual projects; the relationship of developments to the surrounding environment and the community; adequate provision for vehicular and pedestrian circulation; the promotion of safety from fire, floodwaters and other dangers; adequate provision for light, air and solar access; the promotion of healthful distribution of population; the promotion of good and financially solvent civic design and arrangement; wise and efficient expenditure of public funds; the promotion of energy conservation; the protection of environmentally sensitive areas; the adequate provision of public utilities, open space and other public requirements; provisions of this ordinance; and input from the staff, the applicant, and the general public.

(b)

Organization and membership.

(1)

The planning and zoning commission shall consist of seven members appointed by the city council as provided below:

a.

Each position on the commission shall be given a numerical designation beginning with the number 1 and ending with the number 7.

b.

The terms of the odd-numbered positions (places 1, 3, 5 and 7) shall expire in odd-numbered years and the terms of even-numbered positions (places 2, 4 and 6) shall expire in even-numbered years. Commission members may be appointed to successive terms.

c.

The initial terms for the commissioners in places 2, 4 and 6 shall be three years, and thereafter shall be two years.

d.

Each city council member shall appoint a commissioner for Places 1-5.

e.

The commissioner for Place 6 shall be selected by a majority vote of the city council.

f.

The commissioner for Place 7 shall be appointed by the mayor.

g.

A council member may not appoint any person related within the second degree by affinity or within the third degree by consanguinity to a member of the city council or to any other member of the planning and zoning commission.

h.

All members of the planning and zoning commission shall reside within the city limits of the City of Venus.

(2)

The term of office of the members of the planning and zoning commission shall be two years. All terms of the members shall commence from the time of appointment by the city council. The standard appointment date for new terms shall be July 1 of each calendar year.

(3)

Vacancies due to other reasons than from the expiration of a commissioner's term shall be filled for the remainder of the unexpired term by the appointment of the city council. The appointment procedure for vacancies is the same as for an original appointment.

(4)

The planning and zoning commission shall elect from its membership a chair, a vice-chair and such officers as it may deem necessary during the first commission meeting after city council appointment.

(5)

Members shall serve at the will and pleasure of the city council. Any member of the planning and zoning commission may be removed by majority vote of the city council, after public hearing for absence, inefficiency, neglect of duty, or malfeasance in office. If the city council removes a member of the commission, it shall file with the minutes of the hearing a written statement of the reasons for such removal.

(c)

Meetings, hearings and procedures.

(1)

All meetings and hearings of the planning and zoning commission are subject to state laws governing open meetings.

(2)

Any action calling for a formal vote shall take place only at a public meeting.

(3)

Executive sessions shall not be open to the public and shall be conducted in accordance with the procedures consistent with the statutes of the State of Texas.

(4)

The planning and zoning commission may adopt its own rules of procedure consistent with Texas law and city ordinances. All meetings and hearings of the planning and zoning commission shall be conducted in accordance with the procedures set forth in these regulations and rules of procedure.

(5)

The planning and zoning commission shall keep a written record of its proceedings. The city secretary or a representative designated by the commission shall serve ex officio as secretary of the commission but shall have no vote.

(6)

The planning and zoning commission shall hold regular meetings and shall designate the time and place of the meetings. The planning and zoning commission may hold special meetings as provided in its rules of procedure.

(7)

It shall require a three-fourths vote of the elected members of the city council to approve any zoning change, amendment or regulation of any kind, upon which the planning and zoning commission has recommended denial.

(Ord. No. 242-2001, § 28, 2-19-2001; Ord. No. 679-2019-06, § 2, 6-10-2019; Ord. No. 753-2022-04, § 1, 4-11-2022)

(a)

Organization of board of adjustment. There is hereby created a board of adjustment, herein referred to as the board, which shall be organized, appointed, and function as follows:

(1)

The board shall consist of five members who are residents of the city, each to be appointed by the city council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. The city council shall designate one member as chairperson. 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.

(2)

All cases to be heard by the board will always be heard by a minimum of 75 percent of the number of regular members.

(3)

The city council may appoint two alternate members of the board who shall serve in the absence of one or more of the regular members when requested to do so by the chairperson of the board or city secretary, as the case may be. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner, and they shall be subject to removal the same as the regular members.

(4)

Each position on the board shall be given a numerical designation with the designations beginning with the number 1 and ending with the number 5. The terms of the odd-numbered positions (places 1, 3, and 5) shall expire in odd-numbered years and the terms of even-numbered positions (places 2 and 4) shall expire in even-numbered years. Board members may be appointed to successive terms.

(5)

Each alternate position on the board shall be given a numerical designation with the designations beginning with the number 1 and ending with the number 2. The terms of the odd-numbered positions shall expire in odd-numbered years and the terms of even-numbered positions shall expire in even-numbered years. Board alternate members may be appointed to successive terms.

(6)

Appointments of members and alternate members of the board shall be made at the first regular city council meeting in the month of June of each year. Newly appointed members and alternate members shall be installed at the first regular board meeting after their appointment. If there is a sitting board, they shall continue to serve.

(b)

Operational procedure.

(1)

The board shall adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this chapter or state law. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson or in his absence, the acting chairperson, may administer oath and compel the attendance of witnesses.

(2)

All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep record of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(3)

Appeals to the board can be taken by any person aggrieved or by an officer, department, or board of the municipality affected by any decision of the administrative official. Such appeal shall be taken within 15 days after the decision has been rendered by the administrative official by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the records upon which the action appealed from was taken.

(4)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal shall have been filed with the officer, that, by reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or a court of record on application or notice to the officer from whom the appeal is taken and on whom due cause is shown.

(5)

No appeal to the board for the same or related variance on the same piece of property shall be allowed prior to the expiration of six months from a previous ruling of the board on any appeal to such body unless other property in the immediate vicinity has, within the said six months period, been changed or acted on by the board or city council so as to alter the facts and conditions on which the previous board action was based. Such change of circumstances shall permit the re-hearing of an appeal by the board prior to the expiration the of six-month period, but such conditions shall in no wise have any force in law to compel the board, after a hearing, to grant a subsequent appeal. Such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.

(6)

At a public hearing relative to any appeal, any interested party may appear in person, or by agent, or by attorney. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the board on any appeal. Any special exception or variance granted or authorized by the board, under the provisions of this chapter, shall authorize the issuance of a building permit or a certificate of occupancy, as the case may be, for a period of 90 days from the date of the favorable action of the board, unless said board shall have, in its action, approved a longer period of time and has so shown such specific longer period in the minutes of its action. If the building permit and/or certificate of occupancy shall not have been applied for within said 90-day period, or such extended period as the board may have specifically granted, then the special exception or variance shall be deemed to have been waived and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal, and such subsequent appeal shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal.

(c)

Actions of the board of adjustment.

(1)

In exercising its powers, the board may, in conformity with the provisions of the statutes of the state as existing or hereafter amended, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken. The board shall have the power to impose reasonable conditions to be complied with by the applicant.

(2)

The concurring vote of 75 percent of the number of regular members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this chapter or to effect any variance in said chapter.

(3)

Any person or persons jointly or severally aggrieved by any decision of the board, or any taxpayer, or any officer, department, or board of the municipality may present to a court of record (district court) a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board and not thereafter.

(d)

Notice of hearing before board of adjustment required. The board shall hold a public hearing on all appeals made to it, and written notice of such public hearings shall be sent to the applicant and all other persons who are owners of real property lying within 200 feet of the property on which the appeal is made. Measurements shall be taken inclusive of public streets. Such notice shall be given no less than ten days before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Post Office. Notice shall also be given by publishing the same in the official publication of the city at least ten days prior to the date set for hearing, which notice shall state the time and place of such hearing.

(e)

Jurisdiction of board of adjustment. When, in its judgment, the public convenience and welfare will be substantially served, and the appropriate use of the neighboring property will not be substantially or permanently injured, the board may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following special variances and exceptions to the regulations herein established, and take action, relative to the continuance and discontinuance of a nonconforming use:

(1)

Consider applications for conditional uses as set forth in section 34-11;

(2)

To hear and decide appeals where it is alleged there is error on any order, requirement, decision, or determination made by the administrative official in the enforcement of this chapter;

(3)

Interpret the intent of the zoning district map where uncertainty exists because the physical features on the ground vary from those on the zoning district map and none of the rules set forth in section 34-7 apply;

(4)

Initiate, on its motion or cause presented by interested property owners, action to bring about the discontinuance of a nonconforming use;

(5)

Require the discontinuance of a nonconforming use under any plan, whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this chapter;

(6)

Permit the change of occupancy of a nonconforming use to another nonconforming use in accordance with the provisions of section 34-12;

(7)

Permit the enlargement of a nonconforming use in accordance with the provisions of section 34-12;

(8)

Permit the reconstruction of a nonconforming structure or building on the lot or tract occupied by such building, provided such reconstruction does not, in the judgment of the board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure, and provided that such actions conform to the provisions of section 34-12;

(9)

Require the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated, or substandard;

(10)

Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum setback standards, off-street parking, off-street loading regulations, lot area, maximum height, building size or percent of masonry required, where the literal enforcement of the provisions of this chapter would result in an unnecessary hardship, or where such variance is necessary to permit a specific parcel of land, which differs from other parcels of land in the same district by being of such area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district.

(Ord. No. 242-2001, § 29, 2-19-2001)

(a)

[Effect on comprehensive plan.] The zoning regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified or repealed. Such amendments, supplements, changes, modification, or repeal shall be deemed to amend, supplement, change, modify, or repeal the comprehensive plan of the city and shall become a part of such comprehensive plan. The planning and zoning commission and its composition and duties are established by the city council.

(b)

Amendment initiation. [Amendments to the zoning regulations may be initiated by the following]:

(1)

City council on its own motion;

(2)

Planning and zoning commission; or

(3)

Request by owner or agent of owner of property to be changed.

(c)

Procedure. All requests for amendments to zoning district boundaries shall be submitted, together with required fees, to the administrative official, which officer shall cause notices to be sent and the petition placed on the planning and zoning commission agenda.

(1)

The city council may not enact any proposed amendment until the planning and zoning commission makes its final report to the city council. The city council may refer proposed amendments to the planning and zoning commission for recommendation.

(2)

Requests for changes in zoning districts shall include the proposed designation or designations for the area concerned. Alternative proposals may be made at the time of filing and the original request for amendment; however, all hearings and deliberations shall be limited to the request as submitted by the applicant at the time of original filing.

(d)

Public hearing and notice. Prior to making its report to the city council, the planning and zoning commission shall hold at least one public hearing thereon.

(1)

Written notice of all public hearings on proposed changes in district boundaries shall be sent not less than ten days before such hearing is held to all owners of property which is located within the area proposed to be changed, within 200 feet of such property or within 200 feet of any other adjacent property under the same ownership as the tract to be rezoned. Measurements shall be taken inclusive of public streets. Such notice may be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States mail.

(2)

No notice of hearings before the planning and zoning commission on proposed changes in zoning regulations need be given except as may be required by state law.

(3)

If the city council sits as the planning and zoning commission, the Local Government Code section 211.006 controls notice.

(e)

Commission report. The planning and zoning commission, after the public hearing is closed, shall vote on its recommendations on the proposed change to be sent in a report to the city council. Such report may recommend for or against such proposed change and may, but need not, include reasons for such decision. The commission may defer its report for not more than 60 days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. If the commission fails to finally report after 60 days, it would be deemed to have recommended negatively to the proposal.

(f)

Forwarding final report. Every proposal, receiving a final report by the commission, shall be forwarded to the council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.

(g)

Withdrawal. Any proposal or application may be withdrawn by the proponent after the commission makes its final report, and such proposal or application shall not be subject to the provision hereof that a period of time must pass before a new application is considered. If such proposal is withdrawn, the council will not consider it. Any proposal or application withdrawn may be resubmitted and shall be subject to all fees and notice requirements as an original application.

(h)

Council hearing and notice. The city may, from time to time, amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. A public hearing on such amendment, supplement, or change shall be held by the council.

(1)

Notice of council hearing shall be given by publication one time in the official newspaper of the city, stating the time and place of such hearing, which time shall not be earlier than 15 days from the date of publication. No such amendment, supplement, or change shall be considered unless and until the commission makes its final report thereon.

(2)

Publication of such change shall be accomplished by publishing the descriptive caption and penalty clause of the ordinance amending the comprehensive plan to incorporate the change.

(i)

Application not to be considered for another 12 months after denial of request for rezoning. No application for rezoning shall be considered within 12 months of denial of a request by the city council for the same classification on the same property.

(j)

Protest against change. In case of a protest against such change, signed by the owners of 20 percent or more either of the land included in such proposed change or of the land within 200 feet thereof, including any intervening public street, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the city council.

(k)

Council action on application. The proponent of any zone change shall satisfy the city council that either the general welfare of the city affected by the area to be changed will be enhanced, or that the property is unusable for the purposes allowed under existing zoning. If such is proved to the council's satisfaction, it may grant the requested zone change; or it may change the zone's designation of a portion of such property; or it may initiate a request to consider changing all or a portion of such property to a district other than that requested and of a different character.

(l)

Site plan and supporting documents required; petition for zoning district change or conditional use. When in the opinion of the planning and zoning commission, city council, or zoning board of adjustment that greater information is required from the petitioner concerning the nature, extent, and impact of his request than supplied with his application for a change in zoning or conditional use permit, in order for such commission, council, or board to properly review and evaluate all relevant factors thereof, said commission, council, or board may require the applicant to submit a site plan and supporting documents conforming with all or a portion of the requirements set forth in this subsection (l), prior to rendering a decision thereon.

(1)

The petitioner is encouraged to meet with the appropriate commission, council, or board in an informal work session to ascertain the exact extent of plans and documents required, if any, prior to the city initiating the advertisement for public hearing on the petition.

(2)

The general type and extent of plans and supporting documents which may be required of the petitioner include, but are not necessarily limited to:

a.

Site plan. Meeting all of the requirements of a preliminary plat, as described in the city's subdivision regulations, except that topographic and drainage map information provisions may be waived by the reviewing body when the inclusion of such data would not materially contribute to the necessary evaluation of the project's petition. Additional site plan drawing information which the reviewing body may require include:

1.

Existing and proposed zoning district;

2.

General outline of extensive tree cover areas;

3.

Drainage ways and 100-year floodplain limits;

4.

Proposed treatment for screening the perimeter of the land embraced by the petition, including screening of internal separations of land use where required;

5.

Proposed internal, non-vehicular circulation linkages, such as pedestrian paths and hike trails, bike trails, and equestrian bridle paths, where applicable, including their interrelationships with vehicular circulation systems and proposed handling of points of conflict;

6.

A tabular summary schedule indicating:

i.

The gross acreage and percent of each type of zoning category proposed;

ii.

The gross acreage and percent of each type of land use proposed, with streets and open space categories listed separately, and residential uses further stratified as to type, i.e., single-family, two-family, multifamily townhouse, etc., including the total gross project acreage;

iii.

The gross residential density of each type of residential land use proposed, expressed in dwelling units per acre; and based on net residential land use plus one-half of any abutting street;

iv.

The quantitative number of dwelling units proposed for each residential dwelling type (i.e., single-family, two-family, etc.);

v.

Proposed maximum lot coverage by building types (i.e., 1/F, 2/F, M/F, commercial, office, industrial, etc.) expressed in terms of percent or floor area ratio of the lot or site.

b.

Architectural drawings. Elevations, concept sketches, or renderings depicting building types and other significant proposed improvements including the treatment and use of open spaces, etc., where the submission of such drawings would more clearly portray the nature and character of the applicant's land use and development proposals.

c.

Written documents. In narrative form on sheets 8½ inches by 11 inches, including:

1.

Statement on planning objectives to be achieved in use/development proposal, including a narrative description of the character of the proposed development and rationale behind the assumptions and choices made by the applicant, including use and ownership of open spaces, etc;

2.

Legal description of the total site area proposed for rezoning, development, or conditional use permit;

3.

A development schedule indicating the approximate date when construction of the proposed development, and subsequent stages or phases thereof, if any, can be expected to begin and be completed, to the best of the applicant's knowledge and belief;

4.

A statement as to the present and proposed ownership of the site or parcels thereof embraced by the application;

5.

Economic feasibility and/or market analysis studies, when deemed necessary by the reviewing body to adequately assess the necessity for zoning certain parcels to the sizes indicated by the applicant, or to evaluate the need for granting a conditional use permit;

6.

Environmental assessment statement, prepared pursuant to the National Environmental Policy Act of 1969, and any subsequent amendments thereto, when deemed necessary by the reviewing body to properly assess the impact of the proposed development/land use on the existing environment;

7.

Statement as to how and when the applicant proposes to provide water and sewer to the development; and

8.

Signature, title, and date of the applicant, at the conclusion of the written documents certifying the information presented in the plans and supporting documents reflecting a reasonably accurate portrayal of the general nature and character of the proposals.

(Ord. No. 242-2001, § 30(L), 2-19-2001)

All ordinances or parts of ordinances (except section 20 of Ordinance 169-87 which is specifically not repealed) not consistent, or conflicting with, the provisions of this chapter are hereby repealed; provided that such repeal shall be only to the extent of such inconsistency, and in all other respects, this chapter shall be only to the extent of such inconsistency, and in all other respects, this chapter shall be cumulative of other ordinances regulating and governing the subject matter covered in this chapter. Any cause of action accruing prior to the passage of the ordinance [from which this chapter is derived] shall continue as if the ordinance [from which this chapter was derived] was not passed or any other ordinance had not been repealed.

(Ord. No. 242-2001, § 31, 2-19-2001)

The city secretary of the city is hereby directed to engross and enroll this ordinance by copying the caption, penalty clause (if any), publication clause and effective date clause in the minutes of the city council and filing the ordinance in the ordinance records of the city.

(Ord. No. 242-2001, § 33, 2-19-2001)

The city secretary is hereby directed to post or publish in the official newspaper of the city, the caption, penalty clause (if any), publication clause and effective date clause of this ordinance in one issue of the official newspaper of the city, provided that the official newspaper is a weekly paper, as authorized by section 52.011 of the Texas Local Government Code.

(Ord. No. 242-2001, § 34, 2-19-2001)