ADMINISTRATION2
Cross reference— Administration, ch. 2.
Cross reference— Boards, commissions, committees, § 2-26 et seq.
Cross reference— Boards, commissions, committees, § 2-26 et seq.
Cross reference— Officers and employees, § 2-66 et seq.
Editor's note— Ord. No. 2007-566, § 2, adopted September 4, 2007, changed the title of division 6 from "Special Permits" to "Amendments, Supplements, Changes of Zoning Ordinance; Special Permits."
Cross reference— Zoning district special permits for mobile home parks and recreational vehicle parks, § 15-41.
Charter reference— Meetings, art. II, § 10.
The city council shall appoint a plan commission consisting of 12 members, each to be appointed for a term of three years, removable for cause by the council upon written charges after a public hearing. There shall be at least two representatives and not more than three representatives from each city council district. The council shall fill vacancies for the unexpired term of any member whose term becomes vacant. The plan commission shall serve as the zoning commission in accordance with V.T.C.A., Local Government Code § 211.007(a) and the city charter.
(Ord. No. 1986-49, § 1(8.201), 9-16-86; Ord. No. 1991-36, § 1, 10-15-91)
The plan commission shall review and make recommendations on amendments to the comprehensive plan and this chapter and also such other duties as are provided by this chapter.
The city council shall appoint a board of adjustment consisting of five members to be appointed for a term of two years, removable for cause by the council upon written charges after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The council may appoint four alternate members of the board of adjustment who shall serve in the absence of one or more regular members when requested to do so by the city manager. The alternate members shall serve for the same period as the regular members and any vacancies shall be filled in the same manner, and alternate members shall be subject to removal in the same manner as regular members.
(Ord. No. 1986-49, § 1(8.301), 9-16-86)
The board of adjustment may adopt rules to carry out the duties conferred by this chapter, including rules for the conduct of public hearings.
(Ord. No. 1986-49, § 1(8.302), 9-16-86)
(a)
The board of adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building official in the administration and enforcement of this chapter.
(b)
Appeals to the board of adjustment may be taken by any person aggrieved, or any officer, department, board or bureau of the city affected by any order, requirement, decision or determination made under this chapter by the building official. An appeal may be taken within the time provided by the rules of the board of adjustment, by filing with the building official and with the board of adjustment a notice of appeal specifying the grounds on which the appeal is taken. The building official shall transmit to the board of adjustment all papers constituting the record upon which the action appealed was taken.
(c)
An appeal shall stay all proceedings in furtherance of the action appealed from unless the building official certifies to the board of adjustment after the notice of appeal is filed with him that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed except by a restraining order for due cause shown, granted by the board of adjustment or by a court of record after an application has been made to the court for a stay and notice of the application has been given to the building official.
(d)
The board of adjustment shall hold a public hearing on the appeal. Notice shall be given as prescribed in section 28-151.
(e)
The board of adjustment shall act on the appeal within 45 days following the public hearing. The board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination from which an appeal was taken. The board may also make any order, requirements, decision or determination as ought to be made. The board shall notify the appellant of its decision by mail.
(f)
Appeals from the decision of the board of adjustment shall be as prescribed in section 28-70.
(Ord. No. 1986-49, § 1(8.406), 9-16-86; Ord. No. 1988-14, § 4, 4-12-88)
The concurring votes of four members of the board of adjustment are necessary to reverse any order, requirement, decision or determination of the building official or to approve a variance or an order concerning a nonconforming use.
(Ord. No. 1986-49, § 1(8.303), 9-16-86)
(a)
Any person aggrieved by any decision of the board of adjustment, any taxpayer, or any officer, department, board or bureau of the city, may appeal an action of the board of adjustment to a court of record as prescribed by state law.
(b)
A court shall not allow costs against the board of adjustment unless it decides that the board acted with gross negligence, in bad faith or with malice in making the decision from which an appeal was taken.
(Ord. No. 1986-49, § 1(8.304), 9-16-86; Ord. No. 1988-14, § 3, 4-12-88)
The building official shall be the person designated to administer and enforce this chapter, except that the director of planning of the city shall be the person designated to administer article VI and sections 28-93, 28-94, 28-100 through 28-105, 28-121 through 28-135 and 28-151.
(Ord. No. 1986-49, § 1(8.101), 9-16-86)
The building official shall adopt rules indicating the procedures to be followed in the administration of this chapter, including rules specifying the application forms required by this article.
(Ord. No. 1986-49, § 1(8.102), 9-16-86)
The building official shall maintain records in which he shall record all permits and certificates issued by him and all enforcement actions taken by him in the administration of this chapter. All applications for building permits shall be accompanied by three sets of plans, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the use of the property, and such other information as may be necessary to provide for the enforcement of this chapter. A careful record of such applications and plats shall be kept in the office of the building official. A record of all certificates of occupancy shall be kept on file in the office of the building official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
(Ord. No. 1986-49, § 1(8.103), 9-16-86)
(a)
No building shall be erected, constructed, moved or structurally altered until an application has been made for a building permit and a building permit has been issued by the building official. No building permit shall be issued by the building official except in compliance with the provisions of this chapter. Building permits in planned unit developments shall be issued under the provisions of section 28-994.
(b)
No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved and no permit or license shall be issued by any city department which would authorize the use or change in use of any land or structure contrary to the provisions of this chapter; or the erection, moving, alteration, enlargement or occupancy of any structure designed or intended to be used for a purpose or in a manner contrary to the provisions of this chapter, except that:
(1)
Where the construction of a building or structure has begun prior to the effective date of the ordinance from which this chapter was derived and is being diligently brought to completion, such building or structure may be completed in compliance with plans approved under the prior ordinance, and such building or structure may be completed in accordance with those plans and shall not be considered as violative of this chapter.
(2)
Where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of the ordinance from which this chapter was derived, and such building or structure is started within six months after such permit was issued and diligently prosecuted to completion in accordance with approved plans on the basis of which the building permit was issued, such building or structure may upon completion be occupied and used, as provided in those plans, and shall not be considered as violative of this chapter.
(Ord. No. 1986-49, § 1(3.202, 8.104), 9-16-86)
(a)
No building erected, constructed or structurally altered shall be used or occupied until a certificate of occupancy has been issued by the building official stating that the building or proposed use of a building or premises complies with the building code and the provisions of this chapter. An application for a certificate of occupancy shall be made concurrent with an application for a building permit. The building official shall issue a certificate of occupancy within ten days after the construction or structural alteration of a building if he determines that the building and any site development requirements have been completed in compliance with the provisions of this chapter and that the building official has been notified that the building has been completed. Certificates of occupancy in planned unit developments shall be issued in accordance with the provisions of section 28-995.
(b)
No permit for the excavation for any building shall be issued until an application has been made for a certificate of occupancy.
(c)
No building or premises shall be changed in use until a certificate of occupancy has been issued by the building official stating that the proposed use of the building or premises complies with the building code and the provisions of this chapter. For purposes of this section, a "change in use" includes a change in occupancy or type of business.
(Ord. No. 1986-49, § 1(8.105—8.107), 9-16-86)
The building official may inspect or cause to be inspected any building on any premises on which work is in progress and to order in writing that the owner shall correct any violation of this chapter found to exist. After the building official has served an order for correction, no work shall proceed on any building covered by such an order except to correct such violation.
(Ord. No. 1986-49, § 1(8.108), 9-16-86)
For any application for a permit or other application referenced in this chapter, a fee as set by the city council as a part of the budget or as approved by a minute entry shall be collected.
(Ord. No. 1986-49, § 1(8.111), 9-16-86; Ord. No. 1988-45, § 16, 10-18-88)
The board of adjustment may not grant variances from the following regulations in this chapter:
(1)
The provisions in the zoning district regulations specifying the square footage required for lots or a minimum lot size; and
(2)
A driveway location which has been identified as hazardous in the plan review process; and
(3)
The sign regulations, except as provided for under section 28-1053; and
(4)
The front yard requirements for an open carport for more than 19 feet into the setback requirements.
(Ord. No. 1986-49, § 1(8.501), 9-16-86; Ord. No. 1987-3, §§ 22, 24, 2-17-87; Ord. No. 1987-58, § 1, 10-27-87; Ord. No. 2000-65, § 1, 11-7-00)
The board of adjustment may grant variances from any provisions of this chapter, other than the provisions specified in section 28-93, if it finds:
(1)
That the application of this chapter to the lot or building would create practical difficulties because the lot is exceptionally irregular, narrow, shallow or steep, or because the lot or building is subject to other exceptional physical conditions unique to it and not applicable to other lots or buildings in the same zoning district; or
(2)
That the application of this chapter to the lot or building would result in unnecessary hardship not applicable to other property in the same zoning district that deprives the owner of the reasonable use of the land or building; and
(3)
That the practical difficulties or unnecessary hardships were not created by the applicant for the variance; and
(4)
That the variance is the minimum necessary to prevent a practical difficulty or an unnecessary hardship; and
(5)
That the variance will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood; and
(6)
That the variance will be in harmony with the general purposes and intent of this chapter.
(Ord. No. 1986-49, § 1(8.502), 9-16-86)
(a)
Nonconforming uses are those lawful uses of premises which, on the effective date of the ordinance from which this chapter was derived or any governing amendment thereto, are not classified as permitted uses or uses allowed by special permit under the regulations of the zoning district in which they are located.
(b)
Nonconforming uses may be continued or may be changed to a conforming use. However, if a nonconforming use is changed to a conforming use, it cannot be changed back to the original nonconforming use. Additionally, a nonconforming use may be changed to another nonconforming use upon approval of the zoning board of adjustment and in accordance with the procedures set out in articles II and III of this chapter.
(c)
Except as provided elsewhere in this chapter, if a nonconforming use is stopped for two years or more, then it must conform to the use regulations.
(1)
Where the sale of alcoholic beverages or a smoke shop becomes a nonconforming use, that use shall be considered to have been abandoned if the sale of alcoholic beverages or the use as a smoke shop is discontinued for a period of one year or if the permit or license issued by the state for a period of one year or is revoked. Once the nonconforming use is abandoned, then it must conform to the use regulations.
(d)
A nonconforming use may not be enlarged, extended, reconstructed or structurally altered, except that:
(1)
A nonconforming use damaged or destroyed to an extent of less than 60 percent of its fair market value by a fire, explosion, act of God or the public enemy may be reconstructed but not enlarged or extended.
(2)
Nonconforming residential uses located in an O, C or M district may be continued, reconstructed or enlarged subject to the other regulations of the district in which it is located. However, if a nonconforming residential use is stopped for two years or more, it shall not be used except in conformance with the regulations of the district in which it is located.
(3)
A nonconforming use may be enlarged, extended or reconstructed in accordance with an order of the board of adjustment as provided in sections 28-93, 28-94 and 28-100 through 28-105.
(e)
Passage of this chapter in no way legalizes any illegal uses existing at the time of its adoption.
(f)
A certificate of occupancy shall be required for all legal uses which become nonconforming as of the effective date of the ordinance from which this chapter was derived, other than residential uses as provided for in section 28-95.
(Ord. No. 1986-49, § 1(3.801), 9-16-86; Ord. No. 1987-3, § 7, 2-17-87; Ord. No. 1990-13, § 9, 4-17-90; Ord. No. 2018-906, § 1, 10-2-18)
Buildings or structures which are nonconforming as to the height or yard regulations of this chapter shall not be added to, reconstructed or enlarged in any manner unless such additions, reconstructions or enlargements thereto are required by law or conform to all of the regulations of the district in which they are located, and shall not be altered or expanded in any manner which would increase the degree or extent of their nonconformity with respect to the regulations of the district in which they are located.
(Ord. No. 1986-49, § 1(3.802), 9-16-86)
Residential, commercial, office or industrial lots platted before the effective date of the ordinance from which this chapter was derived shall not be considered nonconforming if smaller in width or area than prescribed herein.
(Ord. No. 1986-49, § 1(3.803), 9-16-86)
If a building or structure in use at the time the ordinance from which this chapter was derived is passed does not conform to the parking regulations of this chapter, such may continue without complying with the terms of this chapter; however, if the use changes, then before the new use may begin the parking regulations of this chapter must be complied with. Buildings or structures which are nonconforming as to the parking regulations of this chapter shall not be added to or enlarged in any manner unless the parking spaces required for such addition under this chapter are provided.
(Ord. No. 1986-49, § 1(3.804), 9-16-86)
The board of adjustment may make the following orders concerning nonconforming uses:
(1)
Permit the reconstruction of a building occupied by a nonconforming use if such reconstruction does not prevent the return of such building to a conforming use; or
(2)
Permit the extension or enlargement of a building occupied by a nonconforming use, under such conditions as the board of adjustment finds necessary to protect other property in the neighborhood. The board must find that such extension or enlargement:
a.
Does not prevent the return of such building to a conforming use; and
b.
Does not exceed 50 percent of the ground area of the existing building; and
c.
Will not prevent compliance with applicable side yard requirements; or
(3)
Require the discontinuance of a nonconforming use under a plan filed by the applicant and approved by the board of adjustment which provides for the amortization of the full value of the building within a reasonable number of years, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this chapter; or
(4)
Permit a nonconforming use to be changed to another nonconforming use, provided:
a.
The proposed use will be more compatible with the surrounding neighborhood and less intrusive than the existing nonconforming use.
b.
The proposed use will not prevent the return of the building or property to a conforming use.
c.
If the change to the proposed use is granted, the property may not be returned to the former nonconforming use.
(Ord. No. 1986-49, § 1(8.503), 9-16-86; Ord. No. 1987-3, §§ 23, 27, 2-17-87)
The board of adjustment may adopt any conditions it considers necessary when it grants a variance or issues an order concerning a nonconforming use.
(Ord. No. 1986-49, § 1(8.504), 9-16-86)
(a)
Any person requesting a variance or an order concerning a nonconforming use shall file an application with the board of adjustment on forms prescribed by the board by rule. The application shall state the reasons why the applicant requests a variance or an order concerning a nonconforming use. A copy of the application shall be made available by the board for public inspection at least 20 days prior to the public hearing on the application.
(b)
The application shall contain a development plan, including maps and drawings, sufficiently dimensioned to illustrate the following:
(1)
Existing and proposed locations and arrangement of uses on the site, and on abutting sites within 50 feet and any other information needed to describe or identify the proposed development; and
(2)
Existing and proposed site improvements; building elevations for buildings on the site; off-site improvements, utilities, facilities and drainage systems; street features; and trees. Building elevations shall indicate the general height, bulk, scale and architectural character of buildings; and
(3)
Existing and proposed topography, grading, landscaping, exterior lighting, screening, irrigation facilities, and erosion-control measures; and
(4)
When access to a public water or sanitary sewer line is available at the site, details of proposed connections if the water line is greater than one inch or if the sewer line is greater than four inches; and
(5)
Existing and proposed parking, loading, and traffic and pedestrian circulation features on the site.
(c)
The director of planning may waive the development plan requirement or may waive the inclusion of some of the required elements of the development plan if it is found that a development plan or the omitted elements of the development plan are not necessary for the variance of the order concerning a nonconforming use that is proposed by the application.
(Ord. No. 1986-49, § 1(8.505), 9-16-86)
The director of planning shall review and prepare a report on the application. The report shall be filed with the board of adjustment and shall be available to the applicant and the public at least five days prior to the public hearing.
(Ord. No. 1986-49, § 1(8.506), 9-16-86)
The board of adjustment shall hold a hearing on each application under this division. Notice shall be given as prescribed in section 28-151.
(Ord. No. 1986-49, § 1(8.507), 9-16-86)
(a)
The board of adjustment shall act on an application under this division not more than 45 days following the close of the public hearing.
(b)
The board may approve the application, may approve the application in modified form or subject to conditions, or may deny the application.
(c)
The board's decision shall include affirmative findings of fact on the criteria for variances prescribed by section 28-94 or on the criteria for others concerning nonconforming uses prescribed by section 28-95. The findings of fact shall also indicate why the board agrees or disagrees, either wholly or in part, with the reasons for the variances or order concerning a nonconforming use contained in the application.
(d)
A board decision approving a variance or an order concerning a nonconforming use shall include the development plan if one is contained in the application, either as submitted by the applicant or as modified by the board.
(e)
The applicant shall file the variance decision on the deed record for which the variance was authorized.
(Ord. No. 1986-49, § 1(8.508), 9-16-86)
Appeals from the decision of the board of adjustment under this division shall be as prescribed in section 28-70.
(Ord. No. 1986-49, § 1(8.509), 9-16-86; Ord. No. 1988-14, § 4, 4-12-88)
The council may amend, supplement or change by ordinance the zoning district boundaries and regulations established by this chapter. The council may also grant special permits as authorized by this chapter.
(Ord. No. 1986-49, § 1(8.601), 9-16-86)
The city council may grant a special permit if it finds:
(1)
That the proposed use is consistent with the comprehensive plan and the purposes and intent of this chapter; and
(2)
That the proposed use is compatible with the appropriate and orderly development of the neighborhood in which it is located; and
(3)
That the proposed use would not be more objectionable to neighboring properties because of traffic congestion, noise, fumes, vibrations or other use characteristics than any use permitted in the zoning district without the grant of a special exception; and
(4)
That available community facilities and services, including the road system providing access to the proposed use, are adequate for the proposed use; and
(5)
That the proposed use is consistent with the special district regulations in sections 28-796 through 28-811, 28-831 through 28-836, 28-856 through 28-861, if applicable.
(Ord. No. 1986-49, § 1(8.602), 9-16-86)
Any person requesting an amendment, supplement or change to this chapter or a special permit shall file an application with the commission on forms prescribed by the commission by rule. The application shall state the reason why the applicant requests an amendment, supplement or change to this chapter or a special permit. The owner(s) of the property must sign the application unless the city initiated the application. Notice of all public hearings concerning any city initiated application shall be given to the property owner as required by section 28-151. A copy of the application shall be made available by the commission for public inspection at least ten days prior to the public hearing on the application.
(Ord. No. 1986-49, § 1(8.603), 9-16-86; Ord. No. 2016-436, § 1, 7-5-16)
An application for a special permit shall contain a development plan, including maps and drawings, sufficiently dimensioned to illustrate the following:
(1)
Existing and proposed locations and arrangement of uses on the site, and on abutting sites within 50 feet and any other information needed to describe or identify the proposed development; and
(2)
Existing and proposed site improvements; building elevations for buildings on the site; any off-site improvements, utilities, facilities, drainage systems; street features; and trees. Building elevations shall indicate the general height, bulk, scale and architectural character of buildings; and
(3)
Existing and proposed topography, grading, landscaping, exterior lighting, screening, irrigation facilities and erosion-control measures; and
(4)
When access to a public water or sanitary sewer line is available at the site, details of the proposed connections if the water line is greater than one inch or if the sewer line is greater than four inches; and
(5)
Existing and proposed parking, loading and traffic and pedestrian circulation features on the site; and
(6)
Any proposed change in yard or lot size.
(Ord. No. 1986-49, § 1(8.604), 9-16-86)
The commission shall forward the application to the director of planning, who shall review and prepare a report on the application and forward it to the commission. The report shall be available to the applicant and the public at least five days prior to the commission's public hearing.
(Ord. No. 1986-49, § 1(8.605), 9-16-86)
The commission shall hold a hearing on each application. Notice shall be given as prescribed in section 28-151.
(Ord. No. 1986-49, § 1(8.606), 9-16-86; Ord. No. 1987-25, § 14, 5-12-87)
An applicant may withdraw an application by giving written notice to the commission at least five days prior to the date of the public hearing. Permission of the commission shall not be required for such withdrawal. The applicant may also request withdrawal of an application at the time of the public hearing. The commission shall provide an opportunity to present evidence of the request for withdrawal to the proponents and opponents of the application, and shall take action on the withdrawal request prior to proceeding with the public hearing.
(Ord. No. 1986-49, § 1(8.607), 9-16-86)
(a)
Within 45 days of the public hearing, the commission shall forward a report and recommendation on the application to the council. The report shall include findings of fact indicating why the commission agrees or disagrees, whether wholly or in part, with the reasons for the amendment, supplement or change to this chapter or special permit contained in the application.
(b)
If the application is for a special permit, the commission report shall contain affirmative findings of fact on the criteria for special permits contained in section 28-122.
(Ord. No. 1986-49, § 1(8.608), 9-16-86)
Within 30 days of its receipt of the commission report and recommendation, the council shall hold a hearing on the application. Notice shall be given as prescribed in section 28-151.
(Ord. No. 1986-49, § 1(8.609), 9-16-86)
(a)
The council shall act on the application not more than 45 days following the close of the public hearing.
(b)
The council may approve the application, may approve the application in modified form, or may deny the application. If the application is for a special permit, the council may approve the application subject to conditions, including a condition increasing the size of the lot or yards, if necessary to ensure the compatibility of a special use with adjacent uses.
(c)
The council's decision shall include findings of fact indicating why it agrees or disagrees, either wholly or in part, with the reasons for the amendment, supplement or change to this chapter or special permit contained in the application.
(d)
If the application is for a special permit, the council's decision shall include affirmative findings of fact on the criteria for special permits contained in section 28-122.
(e)
A council decision approving a special permit shall include the development plan contained in the application, either as submitted by the applicant or as modified by the council.
(Ord. No. 1986-49, § 1(8.610), 9-16-86)
After the commission has held a public hearing and forwarded a report and recommendation on an application, an applicant may not withdraw an application from consideration except with the express permission of the council. An application may present a request for withdrawal to the council at the time of the public hearing. The council shall provide an opportunity to present evidence on the request for withdrawal to the proponents and opponents of the application, and shall take action on the withdrawal request prior to proceeding with the public hearing.
(Ord. No. 1986-49, § 1(8.611), 9-16-86)
If an application fails to receive a favorable report and recommendation by the commission, or if a protest is filed with the commission or council against such application, it shall not be approved except by a three-fourths vote of all the members of the council. A protest must be signed by the owners of 20 percent or more, either of the area of the lots included in the application or of the lots or land immediately adjoining the area which is the subject of the application and extending 200 feet from such area. In computing the percent of land area, streets and alleys shall be included in the computation. Any protest filed under this section shall be filed with the commission, council or city secretary before the close of the public hearing before the council.
(Ord. No. 1986-49, § 1(8.612), 9-16-86; Ord. No. 1987-3, § 25, 2-17-87; Ord. No. 1988-14, §§ 1, 2, 4-12-88)
If the council disapproves an application for a change to zoning district boundaries or a special permit, an applicant may not file a new application for the same change in zoning or special permit until after 12 months have expired from the date on which the application was disapproved. The council may reconsider an application within such 12-month period if it finds that a substantial change in conditions has occurred in the vicinity of the property for which a rezoning of special permit was requested. The time period within which a new application may not be filed shall not apply if the request for a change to zoning district boundaries or a special permit was initiated and filed by the city.
(Ord. No. 1986-49, § 1(8.613), 9-16-86; Ord. No. 1988-14, §§ 1, 2, 4-12-88; Ord. No. 2008-243, § 2, 5-6-08)
If the commission or city council approves a request for the withdrawal of an application for a change to zoning district boundaries or a special permit, an applicant may not file a new application for the same change in zoning or special permit until six months have expired from the date of withdrawal. The council may reconsider an application within such six-month period, if it finds that a substantial change in conditions has occurred in the vicinity of the property for which a rezoning or special permit was requested. The time period within which a new application may not be filed shall not apply if the request for a change to zoning district boundaries or a special permit was initiated and filed by the city.
(Ord. No. 1986-49, § 1(8.614), 9-16-86; Ord. No. 1988-14, §§ 1, 2, 4-12-88; Ord. No. 1989-30, § 3, 7-18-89; Ord. No. 2008-243, § 2, 5-6-08)
Within six months of the council's adoption of an ordinance rezoning property to a more restricted zoning classification, the owner of the property may apply for and receive a building permit for a use permitted on such property prior to the adoption of the rezoning ordinance.
(Ord. No. 1986-49, § 1(8.606), 9-16-86)
In any public hearing required under this article, notice shall be given as follows:
(1)
Notice shall be given by mail to the applicant at least 11 days prior to the date of the public hearing.
(2)
Notice shall be given by mail to the owner of each site within 200 feet of the property which is the subject of the application at least 11 days prior to the public hearing.
(3)
Notice of any public hearing before the city council shall be given by publication of an informational notice in a newspaper of general circulation at least 16 days prior to the date of the public hearing. At the option of the director of planning, notice may be given of any other public hearing.
(4)
At the option of the director of planning, notice may be given by mail to the owner of any site more than 200 feet from the property which is the subject of the application at least 11 days prior to the date of the public hearing.
(5)
At the option of the director of planning, notice may be given by mail to the community organization having an interest in the application at least 11 days prior to the date of the public hearing.
(6)
At the option of the director of planning, notice may be given by posting a notice on the property which is the subject of the application at least 11 days prior to the date of the public hearing.
(Ord. No. 1986-49, § 1(8.8), 9-16-86; Ord. No. 1987-25, § 16, 5-12-87; Ord. No. 2016-436, § 2, 7-5-16)
ADMINISTRATION2
Cross reference— Administration, ch. 2.
Cross reference— Boards, commissions, committees, § 2-26 et seq.
Cross reference— Boards, commissions, committees, § 2-26 et seq.
Cross reference— Officers and employees, § 2-66 et seq.
Editor's note— Ord. No. 2007-566, § 2, adopted September 4, 2007, changed the title of division 6 from "Special Permits" to "Amendments, Supplements, Changes of Zoning Ordinance; Special Permits."
Cross reference— Zoning district special permits for mobile home parks and recreational vehicle parks, § 15-41.
Charter reference— Meetings, art. II, § 10.
The city council shall appoint a plan commission consisting of 12 members, each to be appointed for a term of three years, removable for cause by the council upon written charges after a public hearing. There shall be at least two representatives and not more than three representatives from each city council district. The council shall fill vacancies for the unexpired term of any member whose term becomes vacant. The plan commission shall serve as the zoning commission in accordance with V.T.C.A., Local Government Code § 211.007(a) and the city charter.
(Ord. No. 1986-49, § 1(8.201), 9-16-86; Ord. No. 1991-36, § 1, 10-15-91)
The plan commission shall review and make recommendations on amendments to the comprehensive plan and this chapter and also such other duties as are provided by this chapter.
The city council shall appoint a board of adjustment consisting of five members to be appointed for a term of two years, removable for cause by the council upon written charges after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The council may appoint four alternate members of the board of adjustment who shall serve in the absence of one or more regular members when requested to do so by the city manager. The alternate members shall serve for the same period as the regular members and any vacancies shall be filled in the same manner, and alternate members shall be subject to removal in the same manner as regular members.
(Ord. No. 1986-49, § 1(8.301), 9-16-86)
The board of adjustment may adopt rules to carry out the duties conferred by this chapter, including rules for the conduct of public hearings.
(Ord. No. 1986-49, § 1(8.302), 9-16-86)
(a)
The board of adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building official in the administration and enforcement of this chapter.
(b)
Appeals to the board of adjustment may be taken by any person aggrieved, or any officer, department, board or bureau of the city affected by any order, requirement, decision or determination made under this chapter by the building official. An appeal may be taken within the time provided by the rules of the board of adjustment, by filing with the building official and with the board of adjustment a notice of appeal specifying the grounds on which the appeal is taken. The building official shall transmit to the board of adjustment all papers constituting the record upon which the action appealed was taken.
(c)
An appeal shall stay all proceedings in furtherance of the action appealed from unless the building official certifies to the board of adjustment after the notice of appeal is filed with him that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed except by a restraining order for due cause shown, granted by the board of adjustment or by a court of record after an application has been made to the court for a stay and notice of the application has been given to the building official.
(d)
The board of adjustment shall hold a public hearing on the appeal. Notice shall be given as prescribed in section 28-151.
(e)
The board of adjustment shall act on the appeal within 45 days following the public hearing. The board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination from which an appeal was taken. The board may also make any order, requirements, decision or determination as ought to be made. The board shall notify the appellant of its decision by mail.
(f)
Appeals from the decision of the board of adjustment shall be as prescribed in section 28-70.
(Ord. No. 1986-49, § 1(8.406), 9-16-86; Ord. No. 1988-14, § 4, 4-12-88)
The concurring votes of four members of the board of adjustment are necessary to reverse any order, requirement, decision or determination of the building official or to approve a variance or an order concerning a nonconforming use.
(Ord. No. 1986-49, § 1(8.303), 9-16-86)
(a)
Any person aggrieved by any decision of the board of adjustment, any taxpayer, or any officer, department, board or bureau of the city, may appeal an action of the board of adjustment to a court of record as prescribed by state law.
(b)
A court shall not allow costs against the board of adjustment unless it decides that the board acted with gross negligence, in bad faith or with malice in making the decision from which an appeal was taken.
(Ord. No. 1986-49, § 1(8.304), 9-16-86; Ord. No. 1988-14, § 3, 4-12-88)
The building official shall be the person designated to administer and enforce this chapter, except that the director of planning of the city shall be the person designated to administer article VI and sections 28-93, 28-94, 28-100 through 28-105, 28-121 through 28-135 and 28-151.
(Ord. No. 1986-49, § 1(8.101), 9-16-86)
The building official shall adopt rules indicating the procedures to be followed in the administration of this chapter, including rules specifying the application forms required by this article.
(Ord. No. 1986-49, § 1(8.102), 9-16-86)
The building official shall maintain records in which he shall record all permits and certificates issued by him and all enforcement actions taken by him in the administration of this chapter. All applications for building permits shall be accompanied by three sets of plans, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the use of the property, and such other information as may be necessary to provide for the enforcement of this chapter. A careful record of such applications and plats shall be kept in the office of the building official. A record of all certificates of occupancy shall be kept on file in the office of the building official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
(Ord. No. 1986-49, § 1(8.103), 9-16-86)
(a)
No building shall be erected, constructed, moved or structurally altered until an application has been made for a building permit and a building permit has been issued by the building official. No building permit shall be issued by the building official except in compliance with the provisions of this chapter. Building permits in planned unit developments shall be issued under the provisions of section 28-994.
(b)
No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved and no permit or license shall be issued by any city department which would authorize the use or change in use of any land or structure contrary to the provisions of this chapter; or the erection, moving, alteration, enlargement or occupancy of any structure designed or intended to be used for a purpose or in a manner contrary to the provisions of this chapter, except that:
(1)
Where the construction of a building or structure has begun prior to the effective date of the ordinance from which this chapter was derived and is being diligently brought to completion, such building or structure may be completed in compliance with plans approved under the prior ordinance, and such building or structure may be completed in accordance with those plans and shall not be considered as violative of this chapter.
(2)
Where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of the ordinance from which this chapter was derived, and such building or structure is started within six months after such permit was issued and diligently prosecuted to completion in accordance with approved plans on the basis of which the building permit was issued, such building or structure may upon completion be occupied and used, as provided in those plans, and shall not be considered as violative of this chapter.
(Ord. No. 1986-49, § 1(3.202, 8.104), 9-16-86)
(a)
No building erected, constructed or structurally altered shall be used or occupied until a certificate of occupancy has been issued by the building official stating that the building or proposed use of a building or premises complies with the building code and the provisions of this chapter. An application for a certificate of occupancy shall be made concurrent with an application for a building permit. The building official shall issue a certificate of occupancy within ten days after the construction or structural alteration of a building if he determines that the building and any site development requirements have been completed in compliance with the provisions of this chapter and that the building official has been notified that the building has been completed. Certificates of occupancy in planned unit developments shall be issued in accordance with the provisions of section 28-995.
(b)
No permit for the excavation for any building shall be issued until an application has been made for a certificate of occupancy.
(c)
No building or premises shall be changed in use until a certificate of occupancy has been issued by the building official stating that the proposed use of the building or premises complies with the building code and the provisions of this chapter. For purposes of this section, a "change in use" includes a change in occupancy or type of business.
(Ord. No. 1986-49, § 1(8.105—8.107), 9-16-86)
The building official may inspect or cause to be inspected any building on any premises on which work is in progress and to order in writing that the owner shall correct any violation of this chapter found to exist. After the building official has served an order for correction, no work shall proceed on any building covered by such an order except to correct such violation.
(Ord. No. 1986-49, § 1(8.108), 9-16-86)
For any application for a permit or other application referenced in this chapter, a fee as set by the city council as a part of the budget or as approved by a minute entry shall be collected.
(Ord. No. 1986-49, § 1(8.111), 9-16-86; Ord. No. 1988-45, § 16, 10-18-88)
The board of adjustment may not grant variances from the following regulations in this chapter:
(1)
The provisions in the zoning district regulations specifying the square footage required for lots or a minimum lot size; and
(2)
A driveway location which has been identified as hazardous in the plan review process; and
(3)
The sign regulations, except as provided for under section 28-1053; and
(4)
The front yard requirements for an open carport for more than 19 feet into the setback requirements.
(Ord. No. 1986-49, § 1(8.501), 9-16-86; Ord. No. 1987-3, §§ 22, 24, 2-17-87; Ord. No. 1987-58, § 1, 10-27-87; Ord. No. 2000-65, § 1, 11-7-00)
The board of adjustment may grant variances from any provisions of this chapter, other than the provisions specified in section 28-93, if it finds:
(1)
That the application of this chapter to the lot or building would create practical difficulties because the lot is exceptionally irregular, narrow, shallow or steep, or because the lot or building is subject to other exceptional physical conditions unique to it and not applicable to other lots or buildings in the same zoning district; or
(2)
That the application of this chapter to the lot or building would result in unnecessary hardship not applicable to other property in the same zoning district that deprives the owner of the reasonable use of the land or building; and
(3)
That the practical difficulties or unnecessary hardships were not created by the applicant for the variance; and
(4)
That the variance is the minimum necessary to prevent a practical difficulty or an unnecessary hardship; and
(5)
That the variance will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood; and
(6)
That the variance will be in harmony with the general purposes and intent of this chapter.
(Ord. No. 1986-49, § 1(8.502), 9-16-86)
(a)
Nonconforming uses are those lawful uses of premises which, on the effective date of the ordinance from which this chapter was derived or any governing amendment thereto, are not classified as permitted uses or uses allowed by special permit under the regulations of the zoning district in which they are located.
(b)
Nonconforming uses may be continued or may be changed to a conforming use. However, if a nonconforming use is changed to a conforming use, it cannot be changed back to the original nonconforming use. Additionally, a nonconforming use may be changed to another nonconforming use upon approval of the zoning board of adjustment and in accordance with the procedures set out in articles II and III of this chapter.
(c)
Except as provided elsewhere in this chapter, if a nonconforming use is stopped for two years or more, then it must conform to the use regulations.
(1)
Where the sale of alcoholic beverages or a smoke shop becomes a nonconforming use, that use shall be considered to have been abandoned if the sale of alcoholic beverages or the use as a smoke shop is discontinued for a period of one year or if the permit or license issued by the state for a period of one year or is revoked. Once the nonconforming use is abandoned, then it must conform to the use regulations.
(d)
A nonconforming use may not be enlarged, extended, reconstructed or structurally altered, except that:
(1)
A nonconforming use damaged or destroyed to an extent of less than 60 percent of its fair market value by a fire, explosion, act of God or the public enemy may be reconstructed but not enlarged or extended.
(2)
Nonconforming residential uses located in an O, C or M district may be continued, reconstructed or enlarged subject to the other regulations of the district in which it is located. However, if a nonconforming residential use is stopped for two years or more, it shall not be used except in conformance with the regulations of the district in which it is located.
(3)
A nonconforming use may be enlarged, extended or reconstructed in accordance with an order of the board of adjustment as provided in sections 28-93, 28-94 and 28-100 through 28-105.
(e)
Passage of this chapter in no way legalizes any illegal uses existing at the time of its adoption.
(f)
A certificate of occupancy shall be required for all legal uses which become nonconforming as of the effective date of the ordinance from which this chapter was derived, other than residential uses as provided for in section 28-95.
(Ord. No. 1986-49, § 1(3.801), 9-16-86; Ord. No. 1987-3, § 7, 2-17-87; Ord. No. 1990-13, § 9, 4-17-90; Ord. No. 2018-906, § 1, 10-2-18)
Buildings or structures which are nonconforming as to the height or yard regulations of this chapter shall not be added to, reconstructed or enlarged in any manner unless such additions, reconstructions or enlargements thereto are required by law or conform to all of the regulations of the district in which they are located, and shall not be altered or expanded in any manner which would increase the degree or extent of their nonconformity with respect to the regulations of the district in which they are located.
(Ord. No. 1986-49, § 1(3.802), 9-16-86)
Residential, commercial, office or industrial lots platted before the effective date of the ordinance from which this chapter was derived shall not be considered nonconforming if smaller in width or area than prescribed herein.
(Ord. No. 1986-49, § 1(3.803), 9-16-86)
If a building or structure in use at the time the ordinance from which this chapter was derived is passed does not conform to the parking regulations of this chapter, such may continue without complying with the terms of this chapter; however, if the use changes, then before the new use may begin the parking regulations of this chapter must be complied with. Buildings or structures which are nonconforming as to the parking regulations of this chapter shall not be added to or enlarged in any manner unless the parking spaces required for such addition under this chapter are provided.
(Ord. No. 1986-49, § 1(3.804), 9-16-86)
The board of adjustment may make the following orders concerning nonconforming uses:
(1)
Permit the reconstruction of a building occupied by a nonconforming use if such reconstruction does not prevent the return of such building to a conforming use; or
(2)
Permit the extension or enlargement of a building occupied by a nonconforming use, under such conditions as the board of adjustment finds necessary to protect other property in the neighborhood. The board must find that such extension or enlargement:
a.
Does not prevent the return of such building to a conforming use; and
b.
Does not exceed 50 percent of the ground area of the existing building; and
c.
Will not prevent compliance with applicable side yard requirements; or
(3)
Require the discontinuance of a nonconforming use under a plan filed by the applicant and approved by the board of adjustment which provides for the amortization of the full value of the building within a reasonable number of years, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this chapter; or
(4)
Permit a nonconforming use to be changed to another nonconforming use, provided:
a.
The proposed use will be more compatible with the surrounding neighborhood and less intrusive than the existing nonconforming use.
b.
The proposed use will not prevent the return of the building or property to a conforming use.
c.
If the change to the proposed use is granted, the property may not be returned to the former nonconforming use.
(Ord. No. 1986-49, § 1(8.503), 9-16-86; Ord. No. 1987-3, §§ 23, 27, 2-17-87)
The board of adjustment may adopt any conditions it considers necessary when it grants a variance or issues an order concerning a nonconforming use.
(Ord. No. 1986-49, § 1(8.504), 9-16-86)
(a)
Any person requesting a variance or an order concerning a nonconforming use shall file an application with the board of adjustment on forms prescribed by the board by rule. The application shall state the reasons why the applicant requests a variance or an order concerning a nonconforming use. A copy of the application shall be made available by the board for public inspection at least 20 days prior to the public hearing on the application.
(b)
The application shall contain a development plan, including maps and drawings, sufficiently dimensioned to illustrate the following:
(1)
Existing and proposed locations and arrangement of uses on the site, and on abutting sites within 50 feet and any other information needed to describe or identify the proposed development; and
(2)
Existing and proposed site improvements; building elevations for buildings on the site; off-site improvements, utilities, facilities and drainage systems; street features; and trees. Building elevations shall indicate the general height, bulk, scale and architectural character of buildings; and
(3)
Existing and proposed topography, grading, landscaping, exterior lighting, screening, irrigation facilities, and erosion-control measures; and
(4)
When access to a public water or sanitary sewer line is available at the site, details of proposed connections if the water line is greater than one inch or if the sewer line is greater than four inches; and
(5)
Existing and proposed parking, loading, and traffic and pedestrian circulation features on the site.
(c)
The director of planning may waive the development plan requirement or may waive the inclusion of some of the required elements of the development plan if it is found that a development plan or the omitted elements of the development plan are not necessary for the variance of the order concerning a nonconforming use that is proposed by the application.
(Ord. No. 1986-49, § 1(8.505), 9-16-86)
The director of planning shall review and prepare a report on the application. The report shall be filed with the board of adjustment and shall be available to the applicant and the public at least five days prior to the public hearing.
(Ord. No. 1986-49, § 1(8.506), 9-16-86)
The board of adjustment shall hold a hearing on each application under this division. Notice shall be given as prescribed in section 28-151.
(Ord. No. 1986-49, § 1(8.507), 9-16-86)
(a)
The board of adjustment shall act on an application under this division not more than 45 days following the close of the public hearing.
(b)
The board may approve the application, may approve the application in modified form or subject to conditions, or may deny the application.
(c)
The board's decision shall include affirmative findings of fact on the criteria for variances prescribed by section 28-94 or on the criteria for others concerning nonconforming uses prescribed by section 28-95. The findings of fact shall also indicate why the board agrees or disagrees, either wholly or in part, with the reasons for the variances or order concerning a nonconforming use contained in the application.
(d)
A board decision approving a variance or an order concerning a nonconforming use shall include the development plan if one is contained in the application, either as submitted by the applicant or as modified by the board.
(e)
The applicant shall file the variance decision on the deed record for which the variance was authorized.
(Ord. No. 1986-49, § 1(8.508), 9-16-86)
Appeals from the decision of the board of adjustment under this division shall be as prescribed in section 28-70.
(Ord. No. 1986-49, § 1(8.509), 9-16-86; Ord. No. 1988-14, § 4, 4-12-88)
The council may amend, supplement or change by ordinance the zoning district boundaries and regulations established by this chapter. The council may also grant special permits as authorized by this chapter.
(Ord. No. 1986-49, § 1(8.601), 9-16-86)
The city council may grant a special permit if it finds:
(1)
That the proposed use is consistent with the comprehensive plan and the purposes and intent of this chapter; and
(2)
That the proposed use is compatible with the appropriate and orderly development of the neighborhood in which it is located; and
(3)
That the proposed use would not be more objectionable to neighboring properties because of traffic congestion, noise, fumes, vibrations or other use characteristics than any use permitted in the zoning district without the grant of a special exception; and
(4)
That available community facilities and services, including the road system providing access to the proposed use, are adequate for the proposed use; and
(5)
That the proposed use is consistent with the special district regulations in sections 28-796 through 28-811, 28-831 through 28-836, 28-856 through 28-861, if applicable.
(Ord. No. 1986-49, § 1(8.602), 9-16-86)
Any person requesting an amendment, supplement or change to this chapter or a special permit shall file an application with the commission on forms prescribed by the commission by rule. The application shall state the reason why the applicant requests an amendment, supplement or change to this chapter or a special permit. The owner(s) of the property must sign the application unless the city initiated the application. Notice of all public hearings concerning any city initiated application shall be given to the property owner as required by section 28-151. A copy of the application shall be made available by the commission for public inspection at least ten days prior to the public hearing on the application.
(Ord. No. 1986-49, § 1(8.603), 9-16-86; Ord. No. 2016-436, § 1, 7-5-16)
An application for a special permit shall contain a development plan, including maps and drawings, sufficiently dimensioned to illustrate the following:
(1)
Existing and proposed locations and arrangement of uses on the site, and on abutting sites within 50 feet and any other information needed to describe or identify the proposed development; and
(2)
Existing and proposed site improvements; building elevations for buildings on the site; any off-site improvements, utilities, facilities, drainage systems; street features; and trees. Building elevations shall indicate the general height, bulk, scale and architectural character of buildings; and
(3)
Existing and proposed topography, grading, landscaping, exterior lighting, screening, irrigation facilities and erosion-control measures; and
(4)
When access to a public water or sanitary sewer line is available at the site, details of the proposed connections if the water line is greater than one inch or if the sewer line is greater than four inches; and
(5)
Existing and proposed parking, loading and traffic and pedestrian circulation features on the site; and
(6)
Any proposed change in yard or lot size.
(Ord. No. 1986-49, § 1(8.604), 9-16-86)
The commission shall forward the application to the director of planning, who shall review and prepare a report on the application and forward it to the commission. The report shall be available to the applicant and the public at least five days prior to the commission's public hearing.
(Ord. No. 1986-49, § 1(8.605), 9-16-86)
The commission shall hold a hearing on each application. Notice shall be given as prescribed in section 28-151.
(Ord. No. 1986-49, § 1(8.606), 9-16-86; Ord. No. 1987-25, § 14, 5-12-87)
An applicant may withdraw an application by giving written notice to the commission at least five days prior to the date of the public hearing. Permission of the commission shall not be required for such withdrawal. The applicant may also request withdrawal of an application at the time of the public hearing. The commission shall provide an opportunity to present evidence of the request for withdrawal to the proponents and opponents of the application, and shall take action on the withdrawal request prior to proceeding with the public hearing.
(Ord. No. 1986-49, § 1(8.607), 9-16-86)
(a)
Within 45 days of the public hearing, the commission shall forward a report and recommendation on the application to the council. The report shall include findings of fact indicating why the commission agrees or disagrees, whether wholly or in part, with the reasons for the amendment, supplement or change to this chapter or special permit contained in the application.
(b)
If the application is for a special permit, the commission report shall contain affirmative findings of fact on the criteria for special permits contained in section 28-122.
(Ord. No. 1986-49, § 1(8.608), 9-16-86)
Within 30 days of its receipt of the commission report and recommendation, the council shall hold a hearing on the application. Notice shall be given as prescribed in section 28-151.
(Ord. No. 1986-49, § 1(8.609), 9-16-86)
(a)
The council shall act on the application not more than 45 days following the close of the public hearing.
(b)
The council may approve the application, may approve the application in modified form, or may deny the application. If the application is for a special permit, the council may approve the application subject to conditions, including a condition increasing the size of the lot or yards, if necessary to ensure the compatibility of a special use with adjacent uses.
(c)
The council's decision shall include findings of fact indicating why it agrees or disagrees, either wholly or in part, with the reasons for the amendment, supplement or change to this chapter or special permit contained in the application.
(d)
If the application is for a special permit, the council's decision shall include affirmative findings of fact on the criteria for special permits contained in section 28-122.
(e)
A council decision approving a special permit shall include the development plan contained in the application, either as submitted by the applicant or as modified by the council.
(Ord. No. 1986-49, § 1(8.610), 9-16-86)
After the commission has held a public hearing and forwarded a report and recommendation on an application, an applicant may not withdraw an application from consideration except with the express permission of the council. An application may present a request for withdrawal to the council at the time of the public hearing. The council shall provide an opportunity to present evidence on the request for withdrawal to the proponents and opponents of the application, and shall take action on the withdrawal request prior to proceeding with the public hearing.
(Ord. No. 1986-49, § 1(8.611), 9-16-86)
If an application fails to receive a favorable report and recommendation by the commission, or if a protest is filed with the commission or council against such application, it shall not be approved except by a three-fourths vote of all the members of the council. A protest must be signed by the owners of 20 percent or more, either of the area of the lots included in the application or of the lots or land immediately adjoining the area which is the subject of the application and extending 200 feet from such area. In computing the percent of land area, streets and alleys shall be included in the computation. Any protest filed under this section shall be filed with the commission, council or city secretary before the close of the public hearing before the council.
(Ord. No. 1986-49, § 1(8.612), 9-16-86; Ord. No. 1987-3, § 25, 2-17-87; Ord. No. 1988-14, §§ 1, 2, 4-12-88)
If the council disapproves an application for a change to zoning district boundaries or a special permit, an applicant may not file a new application for the same change in zoning or special permit until after 12 months have expired from the date on which the application was disapproved. The council may reconsider an application within such 12-month period if it finds that a substantial change in conditions has occurred in the vicinity of the property for which a rezoning of special permit was requested. The time period within which a new application may not be filed shall not apply if the request for a change to zoning district boundaries or a special permit was initiated and filed by the city.
(Ord. No. 1986-49, § 1(8.613), 9-16-86; Ord. No. 1988-14, §§ 1, 2, 4-12-88; Ord. No. 2008-243, § 2, 5-6-08)
If the commission or city council approves a request for the withdrawal of an application for a change to zoning district boundaries or a special permit, an applicant may not file a new application for the same change in zoning or special permit until six months have expired from the date of withdrawal. The council may reconsider an application within such six-month period, if it finds that a substantial change in conditions has occurred in the vicinity of the property for which a rezoning or special permit was requested. The time period within which a new application may not be filed shall not apply if the request for a change to zoning district boundaries or a special permit was initiated and filed by the city.
(Ord. No. 1986-49, § 1(8.614), 9-16-86; Ord. No. 1988-14, §§ 1, 2, 4-12-88; Ord. No. 1989-30, § 3, 7-18-89; Ord. No. 2008-243, § 2, 5-6-08)
Within six months of the council's adoption of an ordinance rezoning property to a more restricted zoning classification, the owner of the property may apply for and receive a building permit for a use permitted on such property prior to the adoption of the rezoning ordinance.
(Ord. No. 1986-49, § 1(8.606), 9-16-86)
In any public hearing required under this article, notice shall be given as follows:
(1)
Notice shall be given by mail to the applicant at least 11 days prior to the date of the public hearing.
(2)
Notice shall be given by mail to the owner of each site within 200 feet of the property which is the subject of the application at least 11 days prior to the public hearing.
(3)
Notice of any public hearing before the city council shall be given by publication of an informational notice in a newspaper of general circulation at least 16 days prior to the date of the public hearing. At the option of the director of planning, notice may be given of any other public hearing.
(4)
At the option of the director of planning, notice may be given by mail to the owner of any site more than 200 feet from the property which is the subject of the application at least 11 days prior to the date of the public hearing.
(5)
At the option of the director of planning, notice may be given by mail to the community organization having an interest in the application at least 11 days prior to the date of the public hearing.
(6)
At the option of the director of planning, notice may be given by posting a notice on the property which is the subject of the application at least 11 days prior to the date of the public hearing.
(Ord. No. 1986-49, § 1(8.8), 9-16-86; Ord. No. 1987-25, § 16, 5-12-87; Ord. No. 2016-436, § 2, 7-5-16)