The general public, the planning and zoning commission, and the board of adjustment are directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except when necessary to preserve property rights established prior to the date this chapter became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the commission and the board to assist the council in achieving this goal by advising the council of their recommendations thereon. As necessary, the council shall from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation, or maintenance of any nonconforming use within the city.

(1)

Nonconforming lots.

a.

Continuance of nonconforming lots. Subject to all limitations herein set forth, any nonconforming lot may continue without change in boundaries and may be utilized or developed provided that the uses and development are otherwise authorized by this chapter. No new structure shall be placed thereon except in conformity with the applicable development controls of the zoning district in which the lot is located.

b.

Discontinuance of nonconforming lots. Any lot which is made conforming by combining with other lots for purposes of sale or development, or by subdividing or resubdividing, thereafter shall be recognized as a conforming lot and shall comply in full with the provisions of this chapter.

(2)

Nonconforming structures.

a.

Limitation on regulations. No structure otherwise in accordance with the provisions of this chapter or an amendment hereto, shall be rendered or be deemed a nonconforming structure solely for a failure to comply with the provisions of this chapter, or an amendment hereto, relating to off-street parking regulations or off-street loading regulations.

b.

Continuance of nonconforming structures. Subject to all limitations herein set forth, any nonconforming structure may be occupied and operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended unless the enlargement or extension can be and is made in compliance with all of the provisions of this chapter established for structures in the district in which the nonconforming structure is located.

c.

Accidental damage to building. If a building occupied by a nonconforming use is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform with provisions of this chapter. In the case of partial destruction by fire or other causes, not exceeding 50 percent of its value, the zoning official may issue a permit for reconstruction.

d.

Obsolescence of structure. The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure becomes obsolete or substandard under any applicable ordinance of the city and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds 50 percent of the replacement cost of such structure on the date that the zoning official determines that such structure is obsolete or substandard.

e.

Determination of replacement cost. In determining the replacement cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than the nonconforming structure itself.

f.

Prior permits. Nothing herein shall require any change in the plans, construction, or designated use of a building for which a legal building permit has been heretofore issued, provided such construction shall have been started within six months following the date of issuance of such permit and shall be diligently prosecuted to completion.

g.

Repairs and alterations. Repairs and alterations may be made to a nonconforming building or structure; provided, however, no structural alterations shall be made, except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. The board of adjustment may grant as a variance an application to extend or enlarge a building occupied by a nonconforming use on the lot occupied by such building, provided such grant does not prevent the return of such property to a conforming use.

(3)

Nonconforming uses.

a.

Continuance of nonconforming use. Any nonconforming use may be continued in operation on the same land area and on the same floor area in structures which were occupied by the nonconforming use on the effective date of this chapter or on the effective date of any amendment bywhich the use became nonconforming, but such land area or floor area shall not be increased, except that such limitation shall not apply to farming uses.

b.

Registration of nonconforming use. It shall be the right of the joint tenants and owners of a nonconforming use to register the same by securing a certificate of occupancy.

c.

Changing a nonconforming use.

1.

To a conforming use: Any nonconforming use may be changed to a use conforming with the regulations herein established for the district in which the nonconforming use is located; provided, however, that a nonconforming use so changed shall not thereafter be changed back to a nonconforming use.

2.

A change of use from one nonconforming use to another nonconforming use may be made only upon approval of the board of adjustment, in accordance with section 115-34, Board of adjustment, provided that such change is to a use of a more restricted classification. In the event that a nonconforming use is changed to a nonconforming use of a more restricted classification, the building or structure containing such nonconforming use shall not later be reverted to the former lower or less restricted classification.

d.

Termination of nonconforming uses. A nonconforming use may be terminated by the following means:

1.

By abandonment. Voluntary abandonment of a nonconforming use shall terminate immediately the right to operate such use.

2.

By violation of chapter. Any one of the following violations of this chapter shall terminate immediately the right to operate a nonconforming use:

(i)

Changing a nonconforming use to another nonconforming use except as herein provided and authorized.

(ii)

Increasing either or both the land area or the floor area occupied by a nonconforming use, except as herein provided and authorized.

(iii)

Changing a nonconforming use to an unlawful use.

3.

By specific acts of termination. Any one of the following specific acts of termination shall terminate immediately the right to operate a nonconforming use:

(i)

Changing a nonconforming use to a conforming use;

(ii)

Changing a nonconforming use to another nonconforming use as herein provided and authorized; provided, however, that the termination shall apply only to the nonconforming use existing prior to any change;

(iii)

Non-operation or non-use of a nonconforming use for a period of six or more successive calendar months;

(iv)

Vacancy or discontinuance for a period of six or more successive calendar months of the structure or that part of a structure occupied by the nonconforming use;

(v)

By removal for any cause, a nonconforming mobile home on a single lot upon which a permanent residential dwelling exists. A mobile home may not be replaced on such lot unless all provisions of section 115-62(5), "MH" HUD-code manufactured housing district, are met.

(Code 2001, § 14.601; Code 2010, § 14.06.001)

(a)

This section applies only to a zoning regulation that affects:

(1)

The exterior appearance of a single-family house, including the type and amount of building materials; or

(2)

The landscaping of a single-family residential lot, including the type and amount of plants or landscaping materials.

(b)

A zoning regulation adopted after the approval of a residential subdivision plat does not apply to that subdivision until the second anniversary of the later of:

(1)

The date the plat was approved; or

(2)

The date the city accepts the subdivision improvements offered for public dedication.

(c)

This section does not prevent the city from adopting or enforcing applicable building codes or prohibiting the use of building materials that have been proven to be inherently dangerous.

State Law reference— Similar provisions, V.T.C.A., Local Government Code § 211.016.

(a)

Generally. The city council, by an affirmative vote and after public hearing and proper notice to all parties affected have been made, and after recommendations from the planning and zoning commission that the use is in general conformance with the master plan of the city and containing such requirements and safeguards as are necessary to protect adjoining property, may authorize the location of specific uses in certain districts.

(b)

Amendment to the zoning ordinance. Every specific use permit granted under these provisions shall be considered as an amendment to the zoning ordinance as applicable to such property under construction, but shall not be considered as being a permanent change in zoning. In the event the building, premise, or land use under the specific use permit is voluntarily vacated for a period of no less than six months, or if such building, premise, or land is more than 50 percent destroyed by fire or other cause, the use of the same shall thereafter conform to the regulations of the original zoning district of such property, unless a new specific use permit is granted for continuation of the use. Specific use permits for drive-thru lanes shall be exempt from the requirement to renew the SUP after the premise is voluntarily vacated for a period of no less than six months or substantially damaged. Any future improvement to a pre-existing non-conforming premise that operates a restaurant drive-thru shall be reviewed as if said premise had an SUP.

(c)

Conditions. In granting a specific use permit, the city council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such specific use permit; and such conditions may not be construed as conditions precedent to the granting of the certificate of occupancy.

(d)

Compliance with written requirements. No specific use permit shall be granted unless the applicant, owner, and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the specific use permit as attached to the site plan drawing and recommendation by the planning and zoning commission and approved by the city council.

(e)

Building permit requirement. A building permit shall be applied for and secured within one year from the time of granting the specific use permit, provided however, the city council may authorize an extension of this time upon recommendation by the planning and zoning commission.

(f)

Changes to building, premises or land. No building, premises, or land used under a specific use permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate specific use permit is granted for such enlargement, modification, structural alteration, or change.

(g)

Board of adjustment. The board of adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting extension, revocation, or modification or any other action taken relating to such specific use permit.

(h)

Site plan required. An application for a specific use permit shall be accompanied by a site plan. The site plan shall be reviewed by the planning and zoning commission and forwarded to the city council for final action. Such site plan shall meet the requirements for site plans as detailed in section 115-115, Site plan requirements.

(Code 2001, § 14.602; Code 2010, § 14.06.002; Ord. No. 1680, § II, 10-22-2018)

(a)

Organization of the board.

(1)

Creation. There is hereby created a board of adjustment to be composed of five members who shall be qualified electors of the city. It is the declared policy of the city council that it will consider for appointment by the mayor and subject to approval and consent of the city council, only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, and availability to prepare for and attend meetings. The city council may appoint up to four alternate members of the board of adjustment who shall serve in the absence of one or more regular members of the board when requested to do so by the mayor or city manager, as the case may be. Alternate members shall be qualified electors of the city and shall serve for a period of two years from September 1 of the year in which they are appointed.

(2)

Term of office. The board of adjustment shall consist of five regular members. Places on the board shall be numbered one through five with all members appointed for two-year terms to expire August 31. Members serving in odd-numbered places shall have their terms expire on each odd-numbered year, and members serving in even-numbered places shall have their terms expire on even-numbered years. The board may submit to the city council the names of those current members who are recommended for reappointment. The city council in an open meeting shall appoint members to the board.

(3)

Vacancy. Vacancies shall be filled for unexpired terms; no member shall be appointed for a term in excess of two years. A vacancy in a term of office shall occur whenever the city council finds that a member:

a.

Has resigned or has not maintained the qualifications required for appointment;

b.

Has repeatedly failed to attend properly called meetings of the board without just cause; or

c.

Has been guilty of malfeasance or misconduct in office.

(4)

Liaisons. In addition to regular board members, each board shall have two members of the city council appointed by the mayor, subject to the approval and consent of the city council, to serve as liaisons to the board. The purpose of the liaisons is to provide guidance to the board in matters pertaining to city administration and home rule charter affairs, and to provide interface with city staff, the city attorney, and the full city council in any matter that may arise. City council liaisons shall not have the right to vote in any matter before the board, but shall have the right to fully participate in all discussions of matters that come before the board. The appointment of liaisons by the mayor shall be at the second meeting in June of each year.

(5)

Annual meeting; adoption of rules; installation of members, duties of officers. The board shall hold an organizational meeting in September of each year and shall elect a chairman, vice-chairman and a secretary from among its members before proceeding to any other matters of business. The board shall meet regularly and shall designate the time and place of its meetings. The board shall adopt its own rules of procedure and keep a record of its proceedings in accordance with the state statutes and this chapter. Newly appointed members shall be installed at the first regular meeting after their appointment. Duties of the officers shall be as follows:

a.

Chairperson. The chairperson shall preside at all meetings, represent the board at public functions, appoint special committees, and provide an agenda for each meeting, which will include any item requested by another board member, or by the director of the department with whom this board directly interfaces. The agenda shall be provided to the city secretary in advance of any meeting to provide proper posting and notification notice in accordance with Texas Open Meeting Act (V.T.C.A., Government Code ch. 551). The chairperson shall schedule meetings of the board, if other than the pre-established time, day, and/or week of the month. The chairperson shall be a voting member of the board.

b.

Vice-chairperson. The vice-chairperson shall assist the chairperson in directing the affairs of the board and act in the chair's absence.

c.

Secretary. The secretary is responsible for the accuracy of the minutes of the board meetings. A draft copy of those minutes will be provided to the city secretary within three working days following any meeting. In addition, the secretary shall sign the approved minutes.

(6)

Quorum and attendance at meetings. Four members of the board shall constitute a quorum for the conduct of business. The members of the board shall regularly attend meetings and public hearings of the board and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties.

(7)

Removal.

a.

The board shall recommend to the mayor and city council removal of any member who is absent from two consecutive meetings without first notifying the chair or the city secretary's office by 12:00 noon of the meeting date and/or fails to exhibit a general interest in the endeavors of the board. Two consecutive absences by a member, whether or not the member first notifies the chair or the city secretary's office by 12:00 noon of the meeting date, shall require a specific agenda item at the next regularly scheduled meeting to determine if the reasons for the absences are sufficient to be excused or constitutes a failure to exhibit a general interest in the endeavors of the board.

b.

After a public hearing and upon a written charge, the council may remove a board member for cause pursuant to V.T.C.A., Local Government Code § 211.008(b).

(b)

Duties and powers of the board. The board of adjustment shall have the powers and exercise the duties of a board in accordance to V.T.C.A., Local Government Code § 211.008. Board members are representatives of the city and shall have the right to inspection of premises where required in the discharge of their responsibilities under the laws of the State of Texas and the ordinances of this city. The board's jurisdiction shall extend to and include the hearing and deciding of the following types of appeals and applications, and to that end shall have the necessary authority to insure continuing compliance with its decision.

(1)

Interpretation. To render an interpretation of the zoning regulations or the manner of their application where it is alleged that there is error in any order, requirement, or determination made by the zoning official in the administration of such provisions. In reaching its decisions the board shall establish firm guidelines for future administrative actions on like matters.

(2)

Special exception. To decide upon those applications for a special exception use or development of property when the same is authorized under this chapter subject to board approval. In reaching its decision the board shall not grant the application if it finds:

a.

That the use is not specifically permitted under this chapter;

b.

That the locations of proposed activities and improvements are not clearly defined on the site plan filed by the applicant; or

c.

That the exception will not be wholly compatible with the use and permitted development of adjacent properties.

(3)

Variance. To authorize upon appeal in specific cases such variance from the development controls set forth in this chapter as will not be contrary to public interest. In reaching its decision, the board shall not grant the variance appeal if it finds:

a.

That literal enforcement of the controls will not create an unnecessary hardship or practical difficulty in the development of the affected property;

b.

That the situation causing the hardship or difficulty is not unique to the affected property or is self-imposed;

c.

That the relief sought will injure the permitted use of adjacent conforming property; or

d.

That the granting of the variance will not be in harmony with the spirit and purposes of this chapter.

(c)

Appeal and allocation procedure.

(1)

Interpretation request; variance appeal. A request for interpretation of regulations or an appeal for variance from development controls may be taken by any person aggrieved or by any officer, department, or board of the city affected by a decision of the zoning official. Such appeal shall be taken within a reasonable time as determined by rules of the board of adjustment, by filing with both the zoning official and the board of adjustment a notice of appeal, specifying the grounds thereof. The zoning official shall transmit to the board all papers constituting the record upon which the action appealed from was taken.

(2)

Stay of proceedings. An appeal shall stay all proceedings of the action appealed from, unless the zoning official, after the notice of appeal has been filed with him, certifies to the board that by reason of facts stated in his certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the board or by a court of record on application and notice to the zoning official from whom the appeal is taken.

(3)

Special exception application. An application for a special exception to use or develop property as specifically authorized in district use regulations or in this chapter may be filed by any person owning the affected property or by any tenant upon written authorization of the owner. Such application shall be filed with the board, and a copy thereof with the zoning official.

(4)

Form of appeal or application. The appeal or application shall be in such form and contain such information as the board may require under its rules of procedure. It shall be accompanied by the required fee. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the board, and shall not be reviewed or scheduled for hearing until brought to completion.

(5)

Notice of hearing. Official written notice of public hearing on every application for a variance or special exception or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of property, or to the person rendering the same for city taxes, affected by such application, located within 200 feet of any property affected thereby, within not less than ten days before such hearing is held. Such notice shall 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. Notice of hearings on requests for interpretation of regulations applying to more than one property and ownership shall be given by means of a general notice as provided below. In addition, a list of items on the agenda to be heard by the board shall be posted at a public place in city hall at least 72 hours before the hearing on said items, and a list of agenda items shall be published in a newspaper of general circulation in the city at least 24 hours before the hearing at which action will be considered.

(d)

Hearing and decision.

(1)

Generally.

a.

The board of adjustment shall fix a reasonable time for the hearing of an appeal, give public notice thereof, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by attorney or agent. Evidence supporting the grant or denial of an appeal shall be submitted only through the zoning official or to the board in public meeting.

b.

Any appeal or application may be withdrawn upon written notice to the zoning official, but no appeal shall be withdrawn after posting of hearing notice and prior to board action thereon without formal consent of the board.

(2)

Decision and voting.

a.

Every decision of the board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The enumerated conditions required to exist on any matter upon which the board is authorized to pass under this chapter shall be construed as limitations on the power of the board to act.

b.

Nothing herein contained shall be construed to empower the board to change the terms of this chapter, or to effect changes in the zoning districts. The powers of the board shall be so applied that the terms of this chapter will be strictly enforced.

c.

In exercising its powers, the board of adjustment, in conformity with the provisions of V.T.C.A., Local Government Code §§ 211.008—211.013 may modify in whole or in part any 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.

d.

The concurring vote of four members of the board shall be necessary to reverse on appeal, any order, requirement, decision, or determination of the zoning official, or to approve any application upon which it is required to pass under this chapter or to effect any variance in said chapter.

(3)

Disqualification from voting.

a.

A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the board.

b.

A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the member's vote on the appeal, other than in the public hearing.

(4)

Approval of request.

a.

In approving any request, the board of adjustment may designate such conditions in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.

b.

When necessary, the board of adjustment may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with.

c.

Unless a building permit or certificate of occupancy is obtained, appeal shall expire 60 days after the board's decision unless a greater time is requested in the application and is authorized by the board. Any approval may be granted one emergency extension of 60 days on written request filed with the board before expiration of the original approval.

(5)

Denial of request. No appeal or application that has been denied shall be further considered by the board under a subsequent request obtained by filing new plans and obtaining of a new decision from the zoning official unless:

a.

The new plans materially change the nature of the request; or

b.

The permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the board, so as to support an allegation of changed conditions.

(6)

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

(e)

Authorized special exceptions. The following privately owned or privately operated uses may be permitted as special exceptions by the board in the districts indicated below, subject to full and complete compliance with any and all conditions listed, together with such other conditions as the board may impose for protection of public health or safety:

(Code 2001, § 14.604; Code 2010, § 14.06.004; Ord. No. 1439, § IV, 2-22-2010; Ord. No. 1543, § I, 1-27-2014; Ord. No. 1673, § I, 10-22-2018; Ord. No. 2019-005, § X, 7-8-2019)

State Law reference— Board of adjustment, V.T.C.A., Local Government Code § 211.008 et seq.

(a)

Certificate of occupancy. In order to ensure that all new construction and the use of all existing and new structures and the use of land shall comply with the terms of this chapter, a certificate of occupancy shall be required in accordance with the following rules:

(1)

Application for certificate of occupancy. An application for a certificate of occupancy shall be filed in the office of the zoning official on forms provided by the city. Upon approval, a certificate of occupancy shall be issued stating that the building or proposed use of a building or premises complies with all the building and health laws, and with the provisions of the zoning ordinance. A permanent record of all such certificates shall be kept on file in the office of the zoning official, and copies shall be furnished on request to any person having proprietary or tenancy interest in the building affected.

(2)

Certificate to establish new use of property. No vacant land shall be occupied or used, except for agricultural purposes, and no building hereafter erected, reconstructed, altered, or enlarged shall be occupied or used until a certificate of occupancy shall have been issued by the zoning official stating that the building or proposed use of the building or premises complies with the building and health laws and with the provisions of the zoning ordinance.

(3)

Certificate and building permit. A certificate of occupancy shall be applied for coincident with the application for a building permit. Such permit shall be issued within ten days after the erection or structural alteration of the building has been completed in conformity with the provisions hereof.

(b)

Building permits. Every application for a building permit shall be accompanied by a drawing, in duplicate, showing the lot plan, the location of the building on the lot, accurate dimensions of the building and lot, and such other information as may be necessary to provide for the enforcement of the ordinance. This drawing shall be prepared after the lot has been staked by a competent surveyor. A careful record of the original copy of such application and plats shall be kept in the office of the zoning official and a duplicate copy shall be at the building at all times during construction.

(c)

Changes and amendments.

(1)

Declaration of policy. The city council declares the enactment of this chapter governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community and to the carrying out of the adopted city plan. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

a.

To correct a manifest error in the regulations or map;

b.

To recognize changed or changing conditions in a particular locality;

c.

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

d.

To comply with land use principles as directed in the comprehensive land use plan.

(2)

Authority to amend ordinance. The city council may, from time to time, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts. Any amendment, supplement or change may be:

a.

Recommended by city staff;

b.

Ordered for consideration by the council;

c.

Initiated by the commission; or

d.

Be requested by petition of affected persons.

(3)

Review.

a.

Petition required. Every petition presented to the planning and zoning commission to amend, supplement, or change the regulations of this chapter or the boundaries of the zoning districts shall be prepared in the form and manner prescribed by this chapter, and be deposited with the commission for study. In connection with petitions presented to the planning and zoning commission, the commission shall schedule a public hearing on the proposed change as provided in subsection (c)(3)b of this section.

b.

Public hearing and notice before the planning and zoning commission. Prior to making its final report to the council, the commission shall hold at least one public hearing thereon. Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for city taxes, affected by such proposed changes of classification, and to all owners of property, or to the person rendering the same for city taxes located within 200 feet of any property affected thereby, within not less than ten days before such hearing is held. 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. Notice of hearings on proposed changes in zoning regulations shall be accomplished by one publication not less than 15 days prior thereto in the official paper of the city.

c.

Commission report. The commission, after the public hearing is closed, shall prepare its final report on the requested change stating its findings, its evaluation of the request, and of the relationship of the request to the adopted city plan, and its recommendation thereon. The commission may defer its final report for not more than 90 days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon.

d.

Public hearing and notice by council.

1.

The city council may from time to time amend and supplement these zoning regulations herein established without review by the planning and zoning commission.

2.

The city council may also amend boundaries of districts affected by these regulations.

3.

A regulation or boundary is not effective until after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard. Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the city.

4.

If the city council conducts a hearing under subsection (c)(3)d.1 or (c)(3)d.2 of this section, the city council may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of the public hearing. Notice requirements prescribed under this subsection are in addition to the publication of notice required by subsection (c)(3)d.3 of this section.

5.

As authorized by applicable state law, the city council may hold public hearings jointly with the planning and zoning commission. Notice of the time and place of such joint public hearings shall be given in the same manner as otherwise provided in this section.

e.

Negative recommendations; protest petition. A proposed amendment, supplement, or change shall not become effective except by favorable vote of three-fourths of all the members of the city council if:

1.

A recommendation was made by the planning and zoning commission that the proposed amendment, supplement or change be denied; or

2.

The proposed amendment, supplement, or change is protested in accordance with this subsection (c)(3)e.1 and (c)(3)e.2 The protest must have been filed with the city clerk and duly signed and acknowledged by the owners of 20 percent of either:

(i)

The area of the lots or land covered by the proposed change; or

(ii)

The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

(4)

Computing land area percentage. In computing the percentage of land area under subsection (c)(3)e.1 of this section, the area of streets and alleys shall be included.

(d)

Expenses and fees.

(1)

Expenses incurred in the enforcement and administration of this chapter are necessary to improve the environmental quality and to help achieve orderly development of the community. In order that such expenses shall be borne primarily by those persons causing administrative action to be taken under the terms of this chapter, the fees as established by the city shall be charged.

(2)

No application or appeal which is subject to the fee schedule shall be reviewed or processed until all required fees have been paid in full. The commission shall review the fee schedule periodically and shall recommend to the city council any changes therein which it deems necessary. Changes in the fee schedule shall not become effective until adopted by the city council.

(e)

Enforcement and penalties. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall be fined in accordance with the general penalty provision in section 1-7 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(f)

Severability clause. If any section, provision, or part thereof in this chapter shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the chapter as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.

(g)

Publication and effective date. This chapter shall take effect from and after its passage and publication as provided for by law.

(Code 2001, § 14.605; Code 2010, § 14.06.005)

State Law reference— Amendments, V.T.C.A., Local Government Code §§ 211.002, 211.006.